SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1999 Supreme(AP) 1076

Andhra Pradesh High Court
Judges : V.V.S.RAO
S.Purushotham - Appellant
Versus
District Collector.Karimnagar - Respondent
Decided On : 11-23-99

Headnote:

Facts in brief are as follows Andhra Pradesh Scheduled Caste service Co-operative Society is an apex body having District Scheduled Caste co-operative Societies at District level - They have various district units under control of Executive Director - Entire funding is by Government of Andhra Pradesh - Affairs of Apex body and other district units are controlled by Government in a pervasive manner - Basic purpose of these societies is to lookafter welfare of Scheduled Caste persons having economic empowerment as goal - It functions not with a profit motive but with a welfare motive - Its success can only be measured with reference to more number of persons it helped to stand on their legs and coming out of stage of proverty and penury – Court rather constrained to make these introductory remarks as present case shows that powers that beseem to have forgotten object with which service co-operative society for SC persons came to be established – Held , IN dealing with case involving interpretation of fr 25 and FR54 of Fundamental Rules under which authorities were required to pass necessary orders after issuing notice under FR54 regarding pay and allowances to be paid to Government servants for period of absence and whether or not period of suspension shall be treated as on duty, Supreme Court, while allowing appeal of employee, observed as follows stoppage of such increments at efficiency bar during pendency of a departmental proceedings is not by way of punishment and therefore government servant facing a departmental enquiry is not entitled to a hearing - Ordinarily, therefore, court does not come into picture at that stage - But in a case like present where despite fact that department inquiry against appellant had been quashed, and it had been held by High Court that his suspension was wholly without jurisdiction, there was no occasion for competent authority to enforce bar against him under FR25, particularly after his retirement, unless it was by way of punishment - That being so, order passed by competent authority under FR25 prejudicial to interests of appellant in such circumstances must be subject to power of judicial review it enjoins that cases of government servants for crossing of efficiency bar in time-scale of pay should be considered at appropriate time and in case decision is to enforce bar against Government servant, he should be informed of decision - This clearly implies that competent authority must conform to rules of natural justice - It would be a denial of justice to remit back matter to competent authority to reach a decision afresh under FR25. in facts and circumstances of present case - Writ petition is allowed

V. V. S. RAO, J.

( 1 ) THE petitioner is working as Work inspector on daily wage basis in the engineering wing of the 4th respondent which is under the control of the 2nd respondent. He is aggrieved by the proceedings in A5/1569/apcs/94 dated 23-3-1999 (impugned proceedings) issued by the 2nd respondent. By the said proceedings, the petitioner s claim for regularisation of his services in the 2nd respondent was rejected. Therefore, the petitioner prays this Court for issue of a writ in the nature of Writ of Mandamus declaring the impugned proceedings as contrary to the orders of this Court dated 18-2-1999 in W. A. No. 1276 of 1998 and pass further orders directing the respondents to regularise his services in the 2nd respondent. The facts in brief are as follows: the Andhra Pradesh Scheduled Caste service Co-operative Society is an apex body having District Scheduled Caste co-operative Societies at District level. They have various district units under the control of Executive Director. The entire funding is by the Government of Andhra Pradesh. The affairs of the Apex body and other district units are controlled by the Government in a pervasive manner. The basic purpose of these societies is to lookafter the welfare of the Scheduled Caste persons having economic empowerment as the goal. It functions not with a profit motive but with a welfare motive. Its success can only be measured with reference to more number of persons it helped to stand on their legs and coming out of stage of proverty and penury. I am rather constrained to make these introductory remarks as the present case shows that the powers that beseem to have forgotten the object with which the service co-operative society for SC persons came to be established.

( 2 ) THE petitioner joined the Karimnagar unit of the Society, the 6th respondent in 1987. He joined as an NMR Work Inspector. He is a Matriculate with ITI Draftsman course. His initial appointment was from among the candidates sponsored by the employment Exchange. Sometime in July, 1988 he was terminated. In the writ petition filed by him, being Writ Petition No. 5233 of 1989, this Court passed interim order to continue the petitioner. Therefore, he was taken to duty from 27-3-1990 onwards. He worked continuously for more than half a decade and claimed that his services be regularised. He also complains that one Mr. Sami Reddy who was his junior was regularised in service in January, 1997 itself and the same treatment was denied to him. Be that as it may, on 24-1-1997 this Court disposed of Writ Petition No. 5233 of 1989 directing the respondents to consider the case of the petitioner for regularisation in accordance with G. O. Ms. No. 212 dated 22-4-1994.

( 3 ) AFTER his unsuccessful repeated representations, the petitioner filed contempt Case No. 1289 of 1997 complaining that the orders of this Court in writ Petition No. 5233 of 1989 were flouted. The petitioner says that after receiving the notice in the contempt case, the first respondent issued proceedings No. 2240 / estt/89 dated 13-2-1998 rejecting his claim for regularisation. The grounds of rejection are as follows: (1) The individuals is not having minimum (5) years of service as per g. O. Ms. No. 212, dated 22-4-1994 as on 25-11-1993 and continuing. (2) The individual is working in the nmr basis in the Engineering wing which is created temporarily and the employees working there in are not entitled for regularisation in view of its temporary nature. (3) The Engineering Wing is running with the minus balance. (4) There is no clear vacancy in the engineering Wing and there is no work load to regularise the services of the individuals as contemplated under Clause 5 of G. O. dated 22-4-1994.

( 4 ) THE petitioner again approached this court. But this time in W. P. No. 9554 of 1998 he prayed for a declaration that the action of the Collector-cum-Chairman of the district unit is improper, arbitrary, unreasonable and contrary to the orders of the Court.
















Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top