JUDGMENT

Shrikant D. Kulkarni, J. - The scheme attempted to be introduced by the Maharashtra State Road Transport Corporation (hereinafter referred to as the "MSRTC") / Respondent No.2 as "Kutumb Suraksha Yojna", whereby terminated or suspended conductors are sought to be re-appointed under the said scheme, is under challenge in the present Suo Moto Public Interest Litigation.

Background of PIL

2. One Mr. Sharad Babrao Pote and others had filed writ petition No.10038 of 2016 before this Court and sought relaxation of the age restriction made under the notification of the MSRTC from 45 to higher age in order to get benefit of the said scheme "Kutumb Suraksha Yojna". The said writ petition was placed before the Division Bench of this Court on 30.06.2017, when this Court noticed that the scheme floated by the MSRTC is against the public interest since the employees who were charged or terminated or suspended on account of mis-appropriation of funds sought to be re-appointed under the guise of the scheme. This Court, converted the above said writ petition into Suo Moto Public Interest Litigation to consider the notification in question / scheme since it is against the interest of the public at large.

3. The factual matrix of the case is as under:

3(i) The MSRTC has come out with a novel scheme of re-appointment of those conductors who are either suspended or terminated in order to extend financial benefits to the family members of such conductors under the scheme "Kutumb Suraksha Yojna". Respondent No.2 / MSRTC has issued a Circular No.25 of 2016 dated 06.08.2016, thereby launched a scheme for conductors who are dismissed on account of mis-appropriation or any charges of fraud or otherwise, employed with MSRTC to be re-appointed as per the said Circular / Resolution passed by the Board of Directors of MSRTC in the meeting dated 01.04.2016 under the scheme "Kutumb Suraksha Yojna". The intention in launching such scheme was tried to be canvassed in such a fashion to show that due to the litigation between the MSRTC and the suspended / dismissed conductors on account of mis-appropriation or fraud, heavy financial loss is being caused to the Corporation. It is also stated in the said scheme that due to the misdeeds of the said conductors, their family members are facing financial problems and in order to protect their families, such a scheme is launched in for their benefit.

STAND OF THE MSRTC

4. The Vice Chairman and Managing Director of MSRTC, Mumbai has sworn the affidavit and tried to justify the scheme floated by the MSRTC. It is stated in the reply affidavit that there are about 32,000 conductors who come from semiliterate category had bench mark qualification for their recruitment of S.S.C. pass. In most of the cases, the person recruited as a conductor is alone member of the family who takes care of old parents and family. While discharging duty as conductors, they commit mistakes in issuing tickets as well as counting passengers. There is improper calculation of the cash. As they are handling cash, they are lured by the sense of making immediate profit of few bucks. In doing so find themselves in unfortunate circumstances and are branded as persons committing mis-appropriation.

5. The MSRTC as a policy, does not file criminal cases against those conductors. The conductors found committing mis-appropriation or causing loss to the Corporation by negligence are dealt with disciplinary Rules of the Corporation. The employees of the MSRTC have several unions and some times they are misguided by the unions and it results in filing the cases against the MSRTC before the various forums, thereby putting financial burden on the MSRTC. Many conductors used to obtain loan from the State Transport Cooperative Bank and there is responsibility on the shoulders of conductors to repay the loan. If the conductors are slapped with dismissal, their entire family come on the street. There are rounds of litigation, enquiry, appeals and Court litigation.