Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law--Directorate of Census Operation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law--Directorate of Census Operation~Appointments on contract basis for a limited and fixed duration on a fixed pay-No scheme for regularisation can be framed-May be considered for appointment in regular vacancies available to direct recruits if qualified and eligible-Length of temporary service may be considered for relaxing the age bar-Staff selection board may consider giving weightage to previous service and service record.For the purpose of the census conducted in the year 1981, approximately 932 temporary class C and D posts were created in the Directorate of Census Operation, U.P. Temporary appointments were made to such class C and D posts. These posts included the posts of Compilers, Loaders, Checkers and Supervisors. These posts were continued upto 30-6-1984 when all these appointment were terminated as the work connected with the 1981 census was over. Some of the persons whose services were thus terminated filed a writ petition in the High Court challenging their termination and for other reliefs. The High Court observing that the employment of these employees working in the census Department was time bound and came to an end on 30-6-1984 and that the posts to which these employees were appointed had also stood abolished and there was no budgetary sanction for those posts beyond 30-6-1984, held that the petitioners could not be granted the relief prayed for. However, in order to safeguard the interest of the retrenched employees, it ordered the respondents to make any fresh recruitment in the Census Department or for its allied work only from amongst the retrenched employees. A special leave petition against this order was dismissed. Thereafter just before the 1991 census, an Association of these retrenched employees filed a writ petition before the High Court.The High Court passed an interim order directing the State Government to appoint these retrenched employees in the Census Department if they were found eligible and fit for the job. 465 employees who were retrenched on 30-6-1984 and who had applied and found eligible, were re-engaged on a fixed pay for a fixed period on contract basis in the Regional Tabulation Offices. The work of the Tabulation Offices was temporary in nature, being connected with the 1991 Census. On completion of work, the Regional Tabulation Offices were closed down on 31-12-1992. The engagement of employees who were re-engaged also came to an end.Some of the affected employees in the Census Department made an application in 1992 before the Central Administrative Tribunal for their re-employment/absorption/adjustment in the Census Department or in any other Government Department. The Tribunal directed the Union of India to consider continuing the applicants in their present posts in case the census work remains incomplete, in preference to outsiders.Another application was filed by some ex-employees of the Census Department before another Bench of the Central Administrative Tribubal. The Tribunal directed the Union of India to frame a scheme within three months for giving regular appointment to 900 and odd employees who bad been temporarily appointed for the 1981 census, as and when vacancies arose and to consider their case for regularisation and that these persons should be given 'priority' over the staff subsequently appointed. Coding and Editing Cells were opened in March 1993 for the 1991 Census E operations. The employees retrenched on 30-6-1984 and 31- 12-1992 were engaged on a fixed pay contract basis for this work. The Coding and Editing Cells were closed down on 28-2-1994 on completion of work. The employees who were engaged for the Coding and Editing Cells for the Coding and Editing Cells for the 1991 census operation were also retrenched on 28-2-1994.The Union of India filed these appeals against the judgments of the Tribunals.The respondents, who were the retrenched employees, urged that they had worked in the Census Department for six years and hence their appointment should be regularised. |
Judge | Hon'ble Ms. Justice Sujata V Manohar |
Neutral Citation | 1995 INSC 141 |
Petitioner | Union Of India |
Respondent | Dinesh Kumar Saxena And Ors. Etc. Etc. |
SCR | [1995] 2 S.C.R. 341 |
Judgement Date | 1995-02-24 |
Case Number | 731-69 |
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