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2010 (5) Supreme 138
SUPREME COURT OF INDIA
G.S. Singhvi and C.K. Prasad, JJ.
U.P. Land Development Corporation and another — Appellants
versus
Mohd. Khursheed Anwar and another — Respondents
Civil Appeal No.685 of 2005
Decided on : 5-7-2010
Facts of the Case :
Present Appeal has been filed against order passed by High Court allowing writ petition filed by respondents and directing appellants to pay salary to respondents in the pay-scale of Rs.2200-4000 prescribed for the post of Assistant Engineer, as revised up to date.
Findings of the Court :
High Court granted relief to respondents by presuming that two posts of Assistant Engineer were utilized for appointing them. This assumption was ex facie fallacious because documents on record showed that respondents were engaged for a fixed period on a consolidated salary. Nothing to show that respondents were appointed against the sanctioned posts of Assistant Engineer (Civil). Hence, direction given by High Court for payment of salary to the respondents in the regular pay scale prescribed for the post of Assistant Engineer was held unsustainable.But, at same time, held that appellants were not justified in continuing the respondents on a consolidated salary of Rs.2000/- per month despite the fact that at the time of their selection, two sanctioned posts of Assistant Engineer and one post of Junior Engineer were lying vacant and proposal for appointing the respondents without any nomenclature was made with the sole object of taking work of the particular post from them without paying salary in the regular pay-scale of any post. Decision of Corporation to effect economy by depriving respondents’ even minimum of the pay-scale was totally arbitrary and unjustified. No pleading of appellants that respondents were not qualified for the post of Assistant Engineer. No case of appellants that respondents suffered from any other disability which could impede their appointment on the post of Assistant Engineer. No material was produced by appellants to show any difference in the nature of duties being performed by the respondents and those which were required to be performed by an Assistant Engineer. Respondents had been arbitrarily deprived of their legitimate right to get minimum of the pay-scale prescribed for the post of Assistant Engineer. Impugned order was set aside. Appellants were directed to pay to respondents minimum of the pay-scale prescribed for the post of Assistant Engineer (as revised from time to time) from the date of their appointment till they continued in the employment of the Corporation. Appeal was partly allowed.
Result : Appeal partly allowed.
JUDGMENT
G.S. Singhvi, J. —
1.This is an appeal for setting aside the order passed by the Division Bench of the Allahabad High Court which allowed the writ petition filed by the respondents and directed the appellants to pay salary to the respondents in the pay-scale of Rs.2200-4000 prescribed for the post of Assistant Engineer, as revised up to date.
2.Appellant No.1 - U.P. Land Development Corporation (hereinafter described as the Corporation) was established for helping the farmers of the State in reclaiming their land. The Corporation executed several schemes, most of which were sponsored and/or funded by the World Bank by engaging staff on contract basis. Ordinarily, such engagement was continued till the completion of the particular scheme but, at times, the services of the same staff were utilized for execution of other scheme(s).
3.The respondents, who are graduates in engineering applied for being employed under the Corporation as Assistant Engineers. They were interviewed by the Selection Committee along with other eligible persons and were adjudged suitable for employment on contract basis for completion of ‘Million Wells Scheme’. This is evident from the contents of the document titled ‘notes and order’ (Annexure P-1 with the memo of appeal), which reads thus:-
“Notes and Order At 4 districts, the work is being carried out by this Corporation under the Million Wells Scheme. At present this work is going at full speed. At present, there is only one engineer who is looking after the work and considering the nature of the work, one engineer is not sufficient and because of lack of engineers, it is not being possible to complete the work within stipulated time, because of this, works at Aligarh and Raibareilly are suffering from time to time. In the headquarters of the Corporation, there is no engineer and we have to remained depend on the said one engineer only. Keeping in mind the need of the work, the applications received in this office have been examined and degree holder (civil) engineers were called for interview on 15.2.1991. Two posts of Asstt. Engineer and one post of Jr. Engineer are sanctioned in the Corporation but the work is to be completed under time bound Million Wells Scheme. Therefore, the services of two engineers may be obtained on a consolidated salary of Rs.2,000/- per month for a period of 3 months. The salary of both these engineers would be less than the salary of the regular appointed engineers. The engineers would be appointed on contract basis and the original certificate of their educational qualification will remain deposited here.
On the basis of the interview dated 15.2.91, Md. Khursheed Anwar and Shri Ashok Kumar were found suitable. It is being forwarded for necessary approval and signature in this regard.
Sd/-
Illegible
16.2.91.
Sd/-
Managing Director.”
4.As a sequel to the approval accorded by the Managing Director of the Corporation, two separate orders dated 18.2.1991 were issued engaging the respondents on contract basis for a period of three months on a consolidated salary of Rs.2000/- per month with a stipulation that their claim for regular appointment will not be entertained. At that time, pay scale of the post of Assistant Engineer was Rs.2200-4000 and that of Junior Engineer was Rs.1600-2660. The tenure of engagement of the respondents was extended by the Managing Director of the Corporation from time to time for short periods of three months each. However, after one year and three months of their initial engagement, the concerned authority passed an order dated 12.5.1992 and extended the services of the respondents till further orders.
5.After completing three years’ service, the respondents jointly filed Writ Petition No.161 (S/B) of 1994 for issue of a mandamus to the appellants herein to pay them salary in the regular pay scale prescribed for the post of Assistant Engineer and also regularize their services on that post by asserting that they fulfil the qualification prescribed fo
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