Important Point
The additional affidavit of State Govt. in compliance of Supreme Court’s order dated 4.3.1998 regarding absorbtion of Co-operative Managers against equivalent posts in any other Deptt. of State Govt. is accepted by Court with addition or modification mentioned in the judgment dated 20.8.1998.

Headnote:Absorbtion of Cooperative Managers against the equivalent posts in any other department of State Govt.-Supreme Court passed an order on 4.3.1998 for consideration of Govt.-Govt. agreed to give effect to suggestion contained in said order-Respondents demanded further concession in examination for absorbtion - Accepted with modification-Order accordingly.
Held : On the peculiar facts of this case, we are of the view that the following addition to the acceptance of the State Government as expressed in the additional counter affidavit filed on 17.4.98 would meet the ends of justice. A reasonable number of posts available-including even there in the process of recruitment-be set apart for being filled up by the Respondents. A separate recruitment test/examination be held. They cannot be asked to take the same examination prescribed for fresh candidates for entering the Government service. The question paper(s) for the eligible respondents must be so prepared bearing in mind the conditions of the respondents such as age, past service, etc. After taking such examination(s), the eligible respondents may be absorbed subject to reasonable conditions as to their past service, seniority and pension. In the result, we dispose of this appeal accepting the additional affidavit filed by the appellants with the addition or modification as mentioned above. We hope that the appellants would take steps as early as possible in the light of this Judgment to absorb the respondents. No costs. (Paras 7, 8 & 9)

Judgment

N. Venkataswami, J.-Aggrieved by the direction given by the High Court in CWJC No. 2312 of 1991 directing the State Government to absorb Co-operative Managers against the equivalent posts in any other departments of the State Government in terms of the State Government’s decision dated 6.9.86, this appeal by special leave has been preferred.

2. This Court, after hearing learned senior counsel appearing for the appellants for some time, passed an order on 4.3.98 for the consideration of the Government in the light of the human problem that arose out of the judgment under appeal, which reads as follows:-

“I.A. No. 5 for intervention is allowed.

We have heard Mr. S.B. Sanyal, learned senior counsel for the appellants, for some time.

Having regard to the fact that the respondents in whose favour the judgment under appeal has been given directing the absorption of persons appointed in the year 1973 and also having regard to the fact that some persons similarly situated having been absorbed pursuant to orders of Court, we think that the Government can consider a via media in the following lines :-

(1) Those who are in actual service as Paid Managers will be continued till they are absorbed in accordance with law as and when vacancies arise in various Government Departments and wherever necessary relaxing the age to the extent possible. Wherever the age relaxation is not possible, for example, if the candidate is above 50, such candidates will be allowed to continue as Paid Managers till they reach the age of superannuation on the same terms and conditions on which they are not continuing.

(2) Those who appeared in the examination but could not succeed or could not get selected, they will also be continued as Paid Managers on the same terms and conditions and such candidates can also be permitted to sit for the subsequent examinations.

The Statement Government will also produce the recommendation, in particular, the list of names sent for absorption in various departments which is referred to in the earlier Division Bench judgment in paragraph 38.

To consider the suggestion and comply with the direction, learned counsel wants some time to get instructions.

List on 22.4.1998 as past-heard.”

3. Mr. Sanyal, learned senior counsel appearing for the appellants, informed the Court on the next date of hearing that the Government have accepted the suggestions given by this Court in its order dated 4.3.98 and accepting the said suggestions, an additional affidavit was also filed on 17.4.98. In the additional affidavit, it is stated as follows:-

“1. That I am working as Deputy Registrar in the Department of Co-operative Government of Bihar, Patna, and I am dealing the above mentioned case in my official capacity and as such I am well acquainted with the facts and circumstances of the case. I have been authorised by the Secretary, Department of Co-operative, Government of Bihar, to swear an affidavit on behalf of the State.

2. That this affidavit is filed in compliance with the Order dated 4.3.1998, the Hon’ble Supreme Court desiring via media to resolve the differences.

3. That irrespective of the change in policy decision with the Government dated 17.7.1991 as per letter of the Deputy Secretary to the Government, Deptt. of Personnel and Administrative Reforms, to the Secretary, Co-operative Department (page 86 of the S.L.P. paper book) the paid managers of the Society being not a government servant their direct appointment as Government employees by excluding the eligible candidates of the said appointment, is not possible in view of Articles 14 and 16 of the Constitution and statutory rules and regulations relating to recruitment in the Government employment.

4. That this Hon’ble Court taking humane approach desired:

(a) the paid managers will be continued till their absorption in accordance with the law as and

Click Here to Read the rest of this document