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PATNA HIGH COURT
N.Pandey and I.R.Singh JJ.
Bihar State Adult And Non-formal Education Employees Association
Versus
State Of Bihar
Civil Writ Jurisdiction Case No. 5036 of 1992 ;
Decided On : MAY 24, 1996
ADULT EDUCATION SUPERVISORS - TERMINATION OF SERVICES - ABSORPTION - REGULARISATION - POLICY DECISION - INTERPRETATION - CONSTITUTIONAL PERSPECTIVE - WRIT OF MANDAMUS - FAIRNESS AND REASONABLENESS - MALAFIDE INTENT - ADVERSE CONSEQUENCES - GOVERNMENT'S OBLIGATION - TEMPORARY SCHEME - ADMINISTRATIVE EXIGENCIES - EMPLOYMENT EXCHANGE - QUALIFICATIONS - WORK-CHARGED EMPLOYEES - CASUAL LABOURERS - REGULARISATION - CONSOLIDATION DEPARTMENT EMPLOYEES - ABSORPTION - SIMILAR TREATMENT - UTTAR PRADESH POLICY - ADJUSTMENT/ABSORPTION - COSTS.
Fact of the Case:
Petitioners, adult education supervisors, challenged the termination of their services due to the abolition of their posts. They sought quashing of the impugned orders and a writ of mandamus directing the State to absorb them against equivalent posts, as per the government's policy.
Finding of the Court:
1. The initial appointment of petitioners was made after observing all required formalities, including advertisement. 2. Petitioners had worked continuously for more than ten to fourteen years. 3. The decision to abolish the posts of supervisors was taken with malafide intent to defeat the claim of non-formal supervisors for equal pay. 4. The scheme to which petitioners were engaged was purely temporary and its object was not to provide a right to work. 5. The State Government had absorbed large number of retrenched employees of the Consolidation Department on regular basis. 6. The State Government had also absorbed 771 adult education supervisors against different posts, but later canceled their absorption.
Issues: 1. Whether the petitioners were entitled to regularisation of their services? 2. Whether the State Government was justified in abolishing the posts of supervisors? 3. Whether the State Government was obligated to absorb the petitioners in other departments? 4. Whether the State Government's decision to cancel the absorption of 771 supervisors was justified?
Ratio Decidendi: 1. Regularisation of services cannot be granted as the scheme was purely temporary and its object was not to provide a right to work. 2. The abolition of the posts of supervisors was justified as the scheme was temporary and the central government had discontinued financial assistance. 3. The State Government was obligated to absorb the petitioners in other departments, considering their long service and the government's policy to absorb retrenched employees. 4. The State Government's decision to cancel the absorption of 771 supervisors was not justified and was taken with malafide intent.
Final Decision: The writ petitions were disposed of with the following directions: (a) Petitioners and interveners to be allowed to continue against the 771 posts to which they were adjusted in 1990. (b) If those posts have been abolished, steps to be taken to absorb/adjust petitioners and interveners in a similar manner as employees of the Consolidation Department were adjusted. (c) If (a) or (b) is not possible, a decision to be taken similar to the State of Uttar Pradesh, to adjust/absorb petitioners and interveners accordingly.
N. PANDEY, J.
1. By means of these writ applications under Article 226 of the constitution, petitioners have assailed the orders dated 1st June, 1992 (Memo no.24/v-038/91 (Part I) 433), 16th june, 1992 (Office order No.24/c-02-92 shiksha-1047), 17th June, 1992 (Memo no.24/v6-036/91 Part Ed.1494) as also the other order of the Director (Adult and Non-formal Education, Bihar)dated 16th June, 1992, whereby, services of the petitioners were terminated, consequent upon abolition of the posts of "supervisors" in the Adult Education programme of the Adult and Non-formal Education Department, sponsored by the Government of India as part of the National Adult Education Scheme. A prayer has also been made to quash the Cabinets decision dated 9th july, 1992, granting post-facto approval for abolishing the posts of Supervisors. In alternative prayer for an appropriate writ and/or direction in the nature of mandamus commanding the respondent State to absorb/adjust the petitioners against any other posts, equivalent to the posts, which they were holding, strictly in terms of the governments policy, contained in resolution of the Personnel and Administrative Reforms Department, government of Bihar, dated 5th September, 1979.
2. To have a brief survey of the factual background of the cases with relative brevity, it is advisable to notice few facts: The Central Government with a view to impart at least a functional literacy to illiterate persons in the age group of 15 to 35 years, pre-dominantly living in the rural areas, sponsored various schemes of Adult Education programme. In compliance of such schemes different Adult Education programmes were started all over the country, including the State of Bihar with effect from October, 1978. Such programmes were getting approval for five years from the Planning Commission. The grants-in-aid to the State government were being released on yearly basis by the Ministry with approval of the integrated Finance division.
3. To give full effect to the Scheme 312 projects were established in this state. With respect of 56 projects total expenditure were borne by the Central government, whereas with respect to the remaining 256 projects, the State government had the full liability. It was also clarified that any deviation from the norms with regard to the expenditure etc. shall be the sole responsibility of the State Government. Therefore, the State Government constituted a high Power Selection Committee and also prescribed norms and criteria to fill up the posts. Accordingly, in the year, 1978 and even at subsequent stages advertisements were published in daily newspapers for appointment to the posts of Adult Education Supervisors. Undisputedly all the petitioners having fulfilled the requisite criteria were appointed on regular pay scale to the posts of Adult Education Supervisors in different phases by the order of the State government on the basis of recommendation of the above mentioned committed.
4. As usual, in the year, 1987-88 the Government of India, Ministry of human Resources Development, department of Education, revised the scheme and suggested the State governments to endeavour to bring about a parity, both in regard to number of projects and centers under Rural functional Literacy Project and State Adult education Projects. As per the revised programme, number of centers and supervision costs per center were to be reduced substantially. Persons engaged under the said scheme were required to function only on honorarium basis for limited hours.
5. It appears the State Government having regard to the revised scheme of central Government, abolished 771 posts of Adult Education Supervisors after adjusting them suitably to different posts, which would be evident from memo No.24/y-4-29/89-2366, dated 19th December, 1990 and other details, contained in File No.24/b6-038/91 Part i. Remaining 367 Supervisors continued to work until abolition of the posts in the year, 1991.
6. In the year, 1990-9
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