B. L. Mandawat vs Union Of India - 1993 Supreme(SC) 671

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1993 Supreme(SC) 671

SUPREME COURT OF INDIA
R.M. Sahai and N. Venkatachala, JJ.
I.A. No. 1 of 1991 in Writ Petition (C) Nos. 1470 of 1981 and 16044 of 1984
Decided On: 17.08.1993
B.L. Mandawat and Ors. Appellants
Vs.
Union of India (UOI) and Ors. Respondent
Counsel for the Parties
For Appellant/Petitioner/Plaintiff: E.X. Joseph, Adv. and Party in person
For Respondents/Defendant: G. Ramaswamy, Ashok H. Desai and V.C. Mahajan, Senior Advs., U.S. Sagar, N.K. Sahoo, P.H. Parekh, A. Subhashini and B.D. Sharma, Advs.

Advocates:
A.Subhashini, ASHOK DESAI, B.D.SHARMA, E.X.JOSEPH, G.RAMASVAMY, N.K.SAHU, P.H.Parekh, U.S.Sagar, V.C.MAHAJAN

Headnote:
Application - teacher in the RAPP School eversince the year 1972 and had been in the year 1983 duly selected and promoted as trained Graduate Teacher. Her service record was unquestionable. The Central Government desired that the RAPP School which was run by the Department of Atomic Energy should be transferred to the AEE Society, so as to enable the latter to run it independently of the Department of Atomic Energy, with its readiness to meet the whole expenditure to be incurred by the AEE Society in running that school.The desired transfer of the RAPP School to the AEE Society came to be questioned by one of the teachers of the RAPP School in Writ Petition (C) No. 1470 of 1981 filed in this Court, apprehending retrenchment of existing RAPP School teachers by the AEE Society, in the event of the desired transfer taking place. The petitioner was a teacher who got impleaded in that writ petition and was treated as a writ petitioner in W.P. (C) No. 16044 of 1984. When the main writ petition along with the other writ petitions were heard by this Court and had to be decided, and opportunity was afforded by this Court to the Respondents, as desired by them, to have the matter amicably settled with the teachers and other employees of the RAPP School. Thereafter, letter No. 2/15(6)/81-PP Vol. II dated 27th July, 1984 sent by the Joint Secretary to the Government of India, to Respondents Learned counsel, was placed for consideration of the Court. - whether the Central Government could transfer the RAPP School to the AEE Society jeopardising the services of teachers and other employees of the RAPP School, letter dated 27th July, 1984 written by the Joint Secretary to the Government of India, has been brought to the notice of this Court. - Held, We have, however, gone through the proceedings of the Selection Committee which had interviewed the petitioner along with others who were seeking absorption as teachers in the schools of the AEE Society. The sheet of bio-data of candidates called for interview on 31.10.1988 (RAPP Candidates) no doubt mentions percentage of marks given to them but marks given to all candidates fall short of 50 per cent, the marks required for selection. It is difficult to comprehend how 5 Selection Committee members could give the common percentage of marks for each candidate. Criteria, if any, which formed the basis on which marks had come to be allocated by the members of the Selection Committee is not indicated in the mark-sheet. Further, the requirement of minimum marks for selection as teachers has been relaxed by the Management of the AEE Society in case of two candidates, showing thereby that the requirement of minimum marks was not a rigid rule of selection. While the earlier selection was given up by the AEE Society as quite unsatisfactory, the selection resorted to for the second time, is in no way better. The impression created on our minds by the selection process, thought of by the AEE Society, is to somehow wriggle out of the assurance contained in the letter dated 27th July, 1984 produced for getting the writ petition dismissed and not to carry out that assurance, on which this Court acted in dismissing the writ petition.Thus, we have the least hesitation in concluding that the second ground put-forth on behalf of Respondent-6, the AEE Society, as a ground for refusal of absorption of the petitioner in one of its schools, is wholly unsustainable and warrants rejection. – we have adverted to earlier has, while sought to impress upon Respondent-6 and other respondents, the need to fulfil their obligation of absorption of the petitioner and others similarly situated in the schools of the AEE Society, nowhere relieved it of its obligation to absorb the teachers in terms of its assurance. Thus, first ground raised by Respondent-6 against absorption of the petitioner cannot, therefore, be sustained and calls to be rejected - Application allowed

JUDGMENT

1. In this application, I.A. No. 1 of 1991 filed in W.P. No. 16044 of 1984 (W.P. No. 1470 of 1981) by the petitioner therein Smt. Nirmal Bhalla, it is prayed that appropriate directions shall be issued by this Court to the Respondents - (1) The Union of India, (2) The Chairman, Department of Atomic Energy, (3) The Chief Administrative Officer, Atomic Power Project, (4) The Principal, Atomic Energy Education Society, (5) The Chief Project Engineer, Rajasthan Atomic Power Project and (6) The Secretary, Atomic Energy Education society, to make them carry out the assurance contained in letter No. 2/15(6)/81-PP Vol. II dated 27th July, 1984 of the Government of India, Department of Atomic Energy in the matter of absorbing her by Respondent-6 -the Atomic Energy Education Society (the AEE Society) protecting her existing designation, grade pay and allowances as a teacher in the Rajasthan Atomic Power Project School (the RAPP School).

2. The material facts and circumstances which form the basis of petitioners application warrant mention, at the outset.

3. The petitioner was a teacher in the RAPP School eversince the year 1972 and had been in the year 1983 duly selected and promoted as trained Graduate Teacher. Her service record was unquestionable. The Central Government desired that the RAPP School which was run by the Department of Atomic Energy should be transferred to the AEE Society, so as to enable the latter to run it independently of the Department of Atomic Energy, with its readiness to meet the whole expenditure to be incurred by the AEE Society in running that school.

4. The desired transfer of the RAPP School to the AEE Society came to be questioned by one of the teachers of the RAPP School in Writ Petition (C) No. 1470 of 1981 filed in this Court, apprehending retrenchment of existing RAPP School teachers by the AEE Society, in the event of the desired transfer taking place. The petitioner was a teacher who got impleaded in that writ petition and was treated as a writ petitioner in W.P. (C) No. 16044 of 1984. When the main writ petition along with the other writ petitions were heard by this Court and had to be decided, and opportunity was afforded by this Court to the Respondents, as desired by them, to have the matter amicably settled with the teachers and other employees of the RAPP School. Thereafter, letter No. 2/15(6)/81-PP Vol. II dated 27th July, 1984 sent by the Joint Secretary to the Government of India, to Respondents Learned counsel, was placed for consideration of the Court. The material portion of the letter read:

"WHEREAS the matter has been re-examined and reconsidered by the respondents No. 1 to 5 in the said writ petition,

and WHEREAS the said respondents earnestly desire to help find a reasonable compromise of the said writ,

I, S.K. Bhandarkar, Joint Secretary to the Government of India, in the Department of Atomic Energy on behalf of respondent No. 1 Union of India offer the following proposals for consideration of the petitioners for an amicable compromise. The other respondents No. 2 to 5 are subordinate officers of respondent No. 1.

(1) In accordance with Government of Indias decision which has been approved by their Ministry of Labour too, the Government of India in the Department of Atomic Energy will close the Rajasthan Atomic Power Project Higher Secondary School (English Medium) on 31st of December, 1984.

(2) The petitioners and all other teachers will be paid at the time of closure retrenchment compensation payable in law.

(3) The Government of India in the Department of Atomic Energy will use their good offices with the Atomic Energy Education Society which is substantially financed by the Government, to help find appropriate employment to the petitioners and other teachers of the RAPP Higher Secondary School (English Medium) and protection of their existing designation, grade, pay and allowances.

I understand that the Atomic Energy Education Society Respondent No. 6 which is an autonomous body,

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