ORDER :

1. Leave granted in the special leave petitions.

2. These appeals are directed against the judgment of the Division Bench of the Bombay High Court whereby the writ petitions filed by the Appellants for issue of a direction to the Respondents to absorb them on Class-III posts were dismissed.

3. The Revenue and Forest Department of the Government of Maharashtra maintains the land records in respect of urban as well as agricultural lands. The land records include survey numbers of land, layouts and property cards. The Department also maintains records of transfers of ownership and possession of all immovable properties in Maharashtra. For making available certified copies of the property cards and other documents which are required to be supplied under the Maharashtra Land Revenue (Inspection, Search and Supply of Copies of Land Records) Rules, 1970, the Department employed unpaid candidates. They were not paid salary by the Government but were paid 70% of the amount collected from those, who applied for certified copies. The balance 30% used to be deposited in the Government treasury.

4. Shri Madan Vishwamber Desai, Secretary of Bhoomi Abhilek Vina-Vetan Karamchari Sanghatana, Maharashtra, an unregistered association representing about 150 persons filed O.A. No. 153/1991 before the Maharashtra Administrative Tribunal (for short, "the Tribunal") for issue of a direction to the State Government and its functionaries to regularise their services and pay them salary at par with regular employees by asserting that unpaid employees were continuously working and discharging the duties of regular employees. The Appellants, who were non-Petitioners before the Tribunal contested the application mainly on the ground that members of the association were not regularly recruited and were not paid salary and other benefits admissible to Government employees and, as such, they were not entitled to be regularised in Government service.

5. After considering the rival pleadings and arguments, the Tribunal partly allowed the application and issued the following directions:

1. Unpaid candidates who have put in more than 10 years of service should be given preference by relaxing their age for their absorption in Land Records Department if they fulfil the conditions of qualification and registration with the Employment Exchange in accordance with the orders issued by the Government vide Government Resolution Revenue and Forests Department dated 17.10.1978 without referring them to Regional Subordinate Selection Board.

2. Unpaid candidates who have put in less than 10 years service but are overage should be given 3 more chances to apply to the Regional Subordinate Selection Board whenever the posts suitable to their qualification are advertised.

3. Unpaid candidates who are within age should be permitted to apply to Regional Selection Board or M.P.S.C. whenever posts suitable to their qualification are advertised.

4. Unpaid candidates should be selected for initial appointment from amongst the candidates sponsored by the District employment Exchange instead of entertaining direct applications and the condition that they shall be free to apply to Regional Selection Board or M.P.S.C. whenever posts suitable to their qualifications are advertised should be incorporated in the appointment order itself.

6. Special Leave Petition (CC No. 1794/1995) filed against the order of the Tribunal was dismissed by this Court on 14.7.1995 by recording the following order:

Grossly delayed.

The explanation is for from satisfactory. But even on merits, we see no reason to interfere. Hence dismissed.

7. Thereafter, the Government of Maharashtra (Revenue and Forest Department) issued G.R. dated 21.10.1995 for implementation of order dated 20.10.1992 passed by the Tribunal. After 3 years, the Settlement Commissioner and Director, Land Records, vide his letter dated 30/31.3.1998 issued instructions for terminating the services of unpaid employees who were not covered by the order