IMPORTANT POINT
Kurk Amins appointed on commission basis by different District Magistrates/Collectors within the State of Uttar Pradesh for realisation of outstanding dues of the various cooperative societies as arrears of land revenue can be treated to be employees of the State Government holding civil post.

Headnote:Service Law - Constitution of India-Article 311-Civil Post-When a person can be said to be holder of a civil post-Kurk Amins appointed on commission basis by different District Magistrates/Collectors within State of Uttar Pradesh for realisation of outstanding dues of various cooperative societies as arrears of land revenue-Whether can be treated to be employees of State Government holding civil post under State of Uttar Pradesh-Held, Yes-They are entitled to a scale of pay which is payable to Kurk Amins appointed in Revenue Department-Kurk Amins appointed on commission basis for recovery were held as members of service and government servants-State Government not challenging this finding-No infirmity in judgments rendered by the High Court.
       Held : Undisputedly, the decision of the Allahabad High Court that the Kurk Amins, appointed on salary basis for realisation of dues of co-operative societies, held civil posts and became Government servant has attained finality as its correctness has not been challenged by the State of Uttar Pradesh by bringing the matter to this Court, rather the same got approval of this Court while remanding the matter to the High Court for considering the question whether cases of Kurk Amins appointed on commission basis stand on the same footing as that of Kurk Amins appointed on salary basis in whose cases it was declared that they held civil posts and would be entitled to the same salary as is payable to Kurk Amins of Revenue Department. (Para 9)
       From a bare perusal of the aforementioned decisions of the two different benches of the High Court it would be clear that after taking into consideration all relevant factors as laid down by this Court in its judgment referred to above, the High Court has come to the conclusion and recorded a finding of fact that Kurk Amins appointed on commission basis for recovery of outstanding dues of the cooperative societies were members of service and government servants. On behalf of the State, it has not been challenged that the aforesaid statements of facts in the two judgments are incorrect. During the course of arguments learned senior counsel appearing on behalf of the State made an unsuccessful attempt to refer to a scheme prepared by the Registrar of Cooperative Societies, but in view of the fact that neither any counter affidavit was filed before the High Court nor the said scheme was filed before this Court either along with the Special Leave Petitions or with any other affidavit, we are of the opinion that it is not possible for us to look into the said scheme as such the same can be of no avail to the State by its mere production in Court during the course of argument. (Para 14)

JUDGMENT

B.N. Agrawal, J.-Leave granted in SLP (C) No. 15849 of 1993.

2. The question involved in these appeals is whether Kurk Amins appointed on commission basis by different District Magistrates/Collectors within the State of Uttar Pradesh for realisation of outstanding dues of the various cooperative societies as arrears of land revenue can be treated to be employees of the State Government holding civil post under the State of Uttar Pradesh within the meaning of Article 311 of the Constitution of India inasmuch as they are entitled to a scale of pay which is payable to Kurk Amins appointed in the Revenue Department.

3. The short facts are that the Registrar, Cooperative Societies, Uttar Pradesh framed a scheme on 8.5.1978 for appointment of Kurk Amins throughout the State by the concerned District Collector for realisation of outstanding dues of the cooperative societies as land revenue and their salary and conditions of service were also prescribed. Pursuant to the said scheme, Kurk Amins were appointed in different Districts of the State. Subsequently, it transpired that such Kurk Amins were not recovering sufficient outstanding dues to meet even payment of salary to them. Therefore, they were asked to work on commission basis. Those Kurk Amins who agreed to work on commission basis were retained in service whereas services of others were terminated, which led to filing of a writ application before the Allahabad High Court by one Ram Bihari Misra giving rise to CMWP No.738/1980 claiming therein that he was regular employee as such his services could not have been terminated. Similarly situated persons also filed other writ applications in the same year. All the writ applications were heard and disposed of by a Division Bench of the High Court on 16.11.1985 whereby orders of termination of the writ petitioners were quashed and it was held that they were Government servants as such their services could not have been terminated otherwise than in accordance with the procedure prescribed under law.

4. Thereafter one Chandra Prakash Pandey and others, who are respondents in Civil Appeal Nos. 8467-68 of 1995, filed a writ application before the High Court for a direction to the State to pay regular scale to them as was payable to Kurk Amins of the Revenue Department. The learned Single Judge of the High Court following the judgment rendered by the Division Bench on 16.11.1985 in CMWP No. 738/1980 referred to above allowed the writ application and directed to pay salary and regular scale of pay to the writ petitioners against which order Special Appeal was preferred by the State of Uttar Pradesh before the Division Bench whereas writ petitioner - Chandra Prakash Pandey also preferred an appeal against the judgment of the learned Single Judge as no direction was given for fixing their pay and granting arrears. Both the appeals were disposed of by judgment dated 5th May, 1995. The appeal preferred by the State was dismissed and the appeal preferred by the writ petitioner was allowed which gave rise to Civil Appeal Nos. 8467-68 of 1995.

5. In the meantime, Uttar Pradesh Sahakari Sangharsh Karamchari Sangh filed a writ petition being Writ Petition No. 2829(S)/92 praying therein, inter alia, for payment of regular scale to Kurk Amins appointed on commission basis for realising dues of the cooperative societies as was payable to Kurk Amins of Revenue Department. Some other organisations and individual Kurk Amins also filed separate writ applications and following the decision rendered in CMWP No. 738/1980 on 16.11.1985, a Division Bench of the High Court held that the principle laid down in the aforesaid case also applied to the case of Kurk Amins appointed on commission basis as if both stood on the same footing, without considering the distinction between the two. The said decision was challenged before this Court by way of a Special Leave to Appeal being SLP (C) Nos. 1046, 945, 1462-1463 of 1991 and when the same were placed for co

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2001 Supreme(SC) 510

Cases Referred (3)