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2007(4) Supreme 25
SUPREME COURT OF INDIA
S.B. Sinha & C.K. Thakker, JJ
Mahadeo Bhau Khilare (Mane) & Ors
— Appellant
versus
State of Maharashtra & Ors — Respondent
APPEAL(CIVIL). 191 OF 2007
Decided on : 09-05-2007
Facts of the case:
1.Appellants herein in the instant case were appointed as serving unpaid candidate in office of talathi. On an application for direction for absorption in services of State, a scheme was framed by State of Maharashtra. However appellants were not absorbed in services of State inspite of framing of said scheme. An order was passed by Tribunal dismissing said claim of appellant. Writ petitions preferred there against by appellants were also dismissed.
2.Present appeal has been preferred by appellants against said judgment dismissing writ petitions of appellants.
Findings of the Court:
a)The Court held that before a person could claim regularization in services of State, he must be in service of State. Appellants were appointed by Talathis as their assistants and only used to assist Talathis in their day to day work. Appellants were never appointed as talathis. No such post of Assistants to Talathis had been created and\or sanctioned by any competent authority. Since no recruitment rule therefore was framed, appointments of appellants were illegal.
b)The Court held that Appointments made without following statutory rules by State and that too without any remuneration whatsoever was itself unconstitutional. Appellants were appointed by employees themselves to help them and not by any authority having requisite jurisdiction. Hence appellant not being in services of State, question of their being regularized was wholly impermissible. Even though appellants might have worked for a long time. However same by itself was not decisive inasmuch as they had not been occupying any post having not been appointed by State. No case was made out for interference with impugned judgment.
JUDGMENT
S.B. Sinha, J.—
1.Appellant No. 2 was initially appointed as a serving unpaid candidate in the Office of ‘Talathi’. Such an appointment was made purported to be under the Orders of Talathi permitting him to work in his office as unpaid candidate. Appellant No. 1 was appointed as Assistant to Talathi on 2.4.1979. Appellants had been engaged from time to time in the said post. Unpaid candidates, according to appellants themselves, used to receive 30 per cent out of every rupee received by the first respondent for writing of the document by the candidate. Revenue officials were directed by the State to stop such recruitment. Despite the same, however, recruitment of Assistants from persons like the appellants continued.
2. Allegedly, in the year 1995, some of the unpaid candidates filed an original application before the Maharashtra Administrative Tribunal wherein they sought for a direction in regard to their absorption in the services of the State. Therein a scheme was directed to be framed by the Tribunal by a Judgment and Order dated 30.11.1995. A scheme was thereafter framed by the State, the relevant portions whereof read as under :-
Government Resolution
*** *** *** ***
(a) For absorption of unpaid copiers from the Revenue Department in the service of Administration the date of eligibility should be decided as the date of issuance of Order of Maharashtra Administrative Tribunal i.e. 30th November 1995 (cut of date).
(aa)The candidates who have completed 10 years of service on 30-11-1995 and are in service for more than year if apply for the post of Steno-typist, Typist in the IIIrd grade, Talathi or similar posts of Revenue Department, or for the post of IV grade and if they hold the educational qualification for such posts and if they have registered their names in the Employment Exchange Office while absorption in the said vacant post the age limit be relaxed. Similar condition of their appointment by the Recruitment Committee will not apply.
*** *** *** ***
(uu) In the case of unpaid copiers the Collector and other local Revenue Officers should execute as
follows :-
(a)The unpaid copiers from the Revenue Department who have been serving till 30th November 1995 for more than 10 years such cases may be scrutinized by the Collector and he should enquire from the copier to which posts he wishes to absorb. If the candidate has educational qualification prescribed and if he has registered his name in the Employment Exchange then a list of seniority of such copiers be prepared and he be appointed as per the above scheme.
2)Those unpaid copiers have served less than 10 years or more than 3 years as on 30th November 1995 then after taking into consideration their education qualification, their names be forwarded to the local Section committee and in case of continuous three candidates relaxation of age limit as per the Government Scheme be informed. Such an unpaid copier be asked to make application directly to the Selection Board.
3.Henceforth, all the Revenue Officer are asked to carefully follow the orders issued by the Government Circular No. EAST/1083/3618/483-E-7 dated 13th February, 1987, Revenue & Forest Department.”
3. Appellants, however, were not appointed under the said scheme. They moved the Tribunal again. By a judgment dated 29.1.1999, respondents were directed by the Tribunal to bring the appellants within the purview of the said scheme. Aggrieved by and dissatisfied therewith, the respondents filed several writ applications which were allowed and the matter was remitted back to the Tribunal.
4. Ultimately, the Tribunal in its Order dated 20.7.2001 opined that the work from the appellants were taken by the Tehsildars on their own without having any authority whatsoever in that behalf. Writ Petitions preferred by the appellants thereagainst have been dismissed by reason of the impugned judgment.
5. Mr. R.S. Hegde, the learned counsel appearing on behalf of the appellant submitted that the S
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