PETITIONER:
THE STATE OF MAHARASHTRA
Vs.
RESPONDENT:
DEORAO & ANR.
DATE OF JUDGMENT07/12/1995
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1996 SCC (7) 216 JT 1995 (9) 617
1995 SCALE (7)338
ACT
HEADNOTE
JUDGMENT
ORDER
Delay condoned.
Leave granted.
On September 4, 1995, we issued the following directions:
"It is stated by Sh. K. Madhava Reddy,
learned senior counsel appearing for the
State that the Government had not duly
approved the recommendations made by the
Committee. But with modifications,
certain procedure has been prescribed
for absorption of such of those
candidates like the respondents
appointed in the Forest Department. It
is also stated that those two
respondents having been found eligible
according to the Scheme, they have been
absorbed. It is brought to our notice
that the persons claiming similar
reliefs have filed the petitions in the
Tribunal and also the contempt
proceedings against the State for non-
implementation. In that situation, the
appropriate course would be that the
State should file an affidavit by the
competent Officer enclosing the Scheme
evolved for workmen. Then we would be in
a position to consider the cases and
pass appropriate orders. Mr. Madhave
Reddy seeks for and is granted four
weeks time for filing the affidavit. It
would be open to the counsel appearing
in the Tribunal to bring this order to
the notice of the Tribunal and the
Tribunal would do the needful. List
after four weeks." Pursuant thereto, the appellant have framed Scheme for absorption of all these temporary candidates working as Assistant Plantation Officers, Ropvan Kotwals and clerks. Under the above scheme, we are informed that 62 Assistant Plantation Officers and 9 Clerks who were qualified under the Scheme, have already been absorbed. Even out of 73 Ropvan Kotwals, 31 candidates have already been absorbed. What remains are only 42 candidates. It is seen that under the Scheme the criteria prescribed are as under:-
"13. It is submitted that the following
eligibility criteria regarding
reappointment of the terminated Ropvan
Kotwals has been applied in deciding
their eligibility/non-eligibility:
a) The names of the candidates for
the post of Ropvan Kotwal must come
through the Government approved agencies
like the Employment Exchange, the Social
Welfare officer, etc.
b) The candidate for the post of
Ropvan Kotwal must fulfil the following
conditions at the time of recruitment;
i) He must have passed VII Standard
Examination.
ii) He must not be over 28 years of
age (Relaxation of 5 years is granted in
case of backward class candidate).
iii) Hi must meet the following
physical standards;
1. Height : Minimum 163 cm.
2. Chest : Minimum 79 cm.
Inflated minimum 84 cm.
3. Minimum inflation
of Chest : 5 cm." We cannot find fault with the scheme as framed by the appellant. But however, the facts remain that 42 Ropvan Kotwals had already put in about eight years of service from the initial dates of appointment. It is stated by Mr. Deshpande, the learned counsel appearing for the respondents that they passed the 8th standard examination prescribed. It would appear that they were over aged at the date of initial appointment and some of them did not prescribe the minimum Height of 163 cms. and expansion of Chest at 79 cms. as prescribed under the Scheme. We cannot straightaway give directions for absorption of them. We direct the appropriate officer to examine them, conduct physical examination of them and if they are marginally short of, the minimum prescribed under the Scheme, their cases would be considered and absorbed. When we asked the counsel for the State, on instructions, it is stated by Mr. S.M. Jadhav that as at present there are no vacancies existing. Shri S.V. Deshpande stated that there were advertisements made calling for fresh recruitment but may be in some other scheme. In whatever scheme that may be in operation, if they are eligible to that scheme, the case of the left over candidates also would be considered and appropriate orders may be made. It is denied by the counsel for the State. If there are no advertisements made as contended for, as and when the vacancies arise, their cases would be considered and absorbed. They will not be entitled to backwages from the date of the protection given by the Tribunal till the date of absorption. As and when there is any work to be done on daily basis, they would be engaged as per rules or instructions. If they become over aged at the time of recruitment, necessary age relaxation also be given. All the proceedings pending in the Tribunal stand closed.
The appeal is accordingly disposed of. No costs.