2001 Supreme(AP) 949
Andhra Pradesh High Court
Judges : A.GOPAL REDDY
B.V.Ramana Murthy - Appellant
Versus
Director of Fisheries, Government Of A.P., Hyderabad - Respondent
Decided On : 09-04-01
Headnote:
Societies Registration Act - Section 4 – Removal of employees - Animal Husbandry and Fisheries Department removing employees who were directly recruited giving financial package on line with erstwhile employees e provisions Questioning same Committee for setting in selected Districts State to achieve high yields of production and develop techniques of fish culture and to create rural employment were constituted.– Held, Counsel petitioners that some petitioners who worked for more in various capacities are seeking absorption in Government Departments will become age barred and they are required to be considered sympathetically - Submission made by Counsel for absorption of writ petitioners on humanitarian grounds cannot be countenanced - In this connection it is worth noting observation made Development Authority that is no room for any benevolence Constitution - If Courts depart law and entering arena benevolence perils and pitfalls are too many to recount - Appeal dismissed
( 1 ) SINCE the question of law involved in all the writ petitions is one and the same, they are heard together and disposed of by this common order.
( 2 ) THE petitioners in all the writ petitions were working as Attenders, Drivers and Fishermen in Fish Farmers Development Agency and Brackish Water Fish Farmers Development Agency (for short "ffda" and "bfda") for the development of fish activities in the State. The above said agencies are fully owned and controlled by the Government. The Government by its G. O. Ms. No. 20 Animal Husbandry and Fisheries (Fish. II) Department dated 25-2-1997 decided to discontinue the said agencies. Questioning the same, some writ petitions are filed. On such discontinuance of the said agencies, the Director of Fisheries issued proceedings in Memo No. 23825/b1/ 96 dated 21-2-1997 directing the Regional Deputy Directors of Fisheries to approach the District Collectors for absorption of the employees appointed by the FFDAs and BFDAs in any other District Level Agencies. The first petitioner in WP No. 6167 of 1997 filed WP No. 17031 of 1993 before this Court for regularisation of his services. The same was allowed by this Court by order dated 16-1-1996. Following the said judgment some writ petitions are filed.
( 3 ) WHEN the above writ petitions are pending, Government issued G. O. Ms. No. 45 Animal Husbandry and Fisheries (Fish. II) Department dated 13-5-1997 removing the employees who were directly recruited by FFDAs and BFDAs by giving financial package on line with erstwhile employees of HAL under the provisions of ID Act. Questioning the same, WP Nos. 17885 of 1997 and 21908 of 1997, 21818 of 1997 are filed. It is stated by the petitioners therein that on the recommendations of the Committee for setting up FFDAs and BFDAs in the selected Districts of the State to achieve high yields of production and develop techniques of fish culture and to create rural employment, FFDAs and BFDAs were constituted. The said agencies were registered under the provisions of the Societies Registration Act and the recruitment was made in the said agencies from the candidates those who were sponsored from the Employment Exchanges. Many of the petitioners who were working as drivers, watchmen and fishermen on daily wage basis moved earlier this Court for payment of regular pay scale on par with the Government employees and pursuant to the orders passed by this Court, they were being paid on par with the Government employees.
( 4 ) MANY of the petitioners who were recruited in the year 1986 and are continuing in service since last 10 or 11 years and when their services were abruptly terminated filed the present writ petitions questioning G. O. Ms. No. 20 Animal Husbandry and Fisheries (Fish. II) Department dated 25-2-1997 and consequential order issued in Memo dated 28-2-1997 relieving the petitioners from FFDAs, and for consequential direction to accommodate or absorb the petitioners in District Level agencies or in the Fisheries Department wherever vacancies are available as per the directions issued by the Director of Fisheries dated 21-2-1997.
( 5 ) IN all the cases, the respondents filed a counter stating that the Government of India recommended for setting up FFDAs and BFDAs in selected districts in the year 1979 with a view to promote intensive pisciculture of high yielding varieties of fish which will co-ordinate the role of State and Central Government, Commercial Banks and fish farmers and to promote economic viability of the farmers. The agencies will select suitable farms and arrange institutional training in pond culture and provide financial assistance to the farmers to take up intensive pisciculture by the farmers and bring more water spread area under pisciculture. The said agencies will have a Managing Committee under the Chairmanship of District Collector and an Executive wing headed the Chief Executive Officer. The FFDAs and BFDAs have been organized and registered under A. P.