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2003 Supreme(Pat) 933

PATNA HIGH COURT
Nagendra Rai and R.S.Garg JJ.
State Of Bihar
Versus
Gopal Prasad : Arvind Kumar Sahi : Bipin Kumar Singh : Abdul Rahman : Harinarayan Jha : Md.Ainul Haque
Letters Patent Appeal No. 482 of 2003 ; 483 of 2003 ; 485 of 2003 ; 492 of 2003 ; 502 of 2003 ; 510 of 2003 ;
Decided On : SEPTEMBER 02, 2003

Headnote:Service law-Deputation-Cancellation of deputation of employees of corporation and undertakings of State Govt. to State service-Single Bench quashing the orders of State govt. and directing them to continue on their posts of deputation as their repatriation will virtually amount to their dismissal from service-State govt. in the light of report of retirement committee taking a decision vide notification dated 16.11.1999 that no employee of the autonomous bodies/corporations/undertakings would be taken on deputation in the State service-Said policy decision does not suffer from any legal infirmity and as such no individual department has power to depute any person in the State service after 16.11.1999-Individual department made deputations long after the said policy decision-Cancellation of such deputation can not be said to be either arbitrary or mala fide-The fact that employees are not getting their salaries because the corporations/undertakings are sick is a different matter and on that ground order of repatriation to their parent department can not be held to be invalid and impermissible in law nor the repatriation will amount to their dismissal from service. (Paras 10 & 11)

       2000 (3) PLJR 17 (SC)-Referred to.

       2003 (2) PLJR 493-Set aside.

       

Judgment

Nagendra Rai, J.

1. All these six appeals are time-barred. After hearing learned counsel for the parties and taking into consideration the averments made in the limitation petitions, we are satisfied that good grounds have been made out to condone the delay in filing the appeals. Accordingly, the delay in filing the appeals is condoned and the limitation petitions stand disposed of.

2. The questions involved in ail the appeals are the same and as such they have been heard together and are being disposed of by this common order. L.P.A. Nos. 483/03 and 485/03 arose out of C.W.J.C. Nos. 9447/02 and 7910/02, respectively, [reported in 2003 (2) PLJR 493] which were disposed of by common order dated 20.2.2003. L.P.A. Nos. 482/03 and 502/03 arose out of C.W.J.C. Nos. 12364/02 and 12949/02, respectively, which were disposed of along with C.W.J.C. No. 12053/ 02 by a common order dated 26.2.2003. L.P.A. Nos. 492/03 and 510/03 arose out of C.W.J.C. Nos. 95/03 and 96/03, respectively which were disposed of by common order dated 31.3.2003.

3. The writ petitioner-respondents are, admittedly, employees of the Corporation and Undertakings of the State Government and they were deputed to the State service and by different orders, their deputations were cancelled, which were challenged in the aforesaid writ applications and the learned Single Judge by the aforesaid orders have quashed the orders of the State Government and directed them to continue on their posts of deputation as according to the learned Single Judge their repatriation will virtually amount to their dismissal from service.

4. The cases are falling in the two categories. So far as L.RA. Nos. 483/03 and 485/03, arising out of C.W.J.C. Nos. 9447/02 and 7901/02, respectively, are concerned, the appellants of the said appeals were deputed in the different District Treasuries in terms of the notification dated 7.10.1999, which provided for their deputation subject to their absorption in the State service in terms of the decision to be taken by the State Government. In other four appeals, the deputations of the appellants were made in view of the orders passed by the different authorities, which were cancelled by the impugned orders. The writ petitioner-appellants are Class III and Class IV employees of the Bihar State Sugar Corporation, Bihar State Small Scale Industries Corporation, Bihar State Pharmaceutical and Chemical Corporation, Bihar State Construction Corporation Limited, Bihar State Food & Civil Supplies Corporation, Bihar State Textiles Corporation, Bihar State Leather Corporation, Bihar State Cooperative Marketing Union Limited (BISCOMAUN).

5. The case of the writ petitioner- respondents of L.P.A. Nos. 483/03 and 485/ 03, arising out of C.W.J.C. Nos. 9447 and 7901, both of 2002, respectively, is that the State Government issued a notification on 7.10.1999, annexed as Annexure 1 to the writ petitions, laying down the terms and conditions of deputation of Class III employees of the Corporation and Undertaking in the Government Treasuries. From a perusal of the said notification, it appears that earlier the selection of employees for the Treasuries used to be made by the Directorate of Treasuries at the level of the Finance Department, but the same was abolished and the District Magistrates of the districts were made incharge of the Treasuries and the Government decided to employ persons on deputation in the Government Treasuries and laid down certain terms and conditions. One of the said conditions was that the Corporation/Undertaking should be under the control of the Bureau of Public Enterprises. The deputation will be for a period of three years and if their services will be found satisfactory then the question of their absorption will be considered. A procedure was also laid down for the selection of person on deputation. It is an admitted position that in terms of the aforesaid notification, the writ petitioner- respondents in both the cases were deputed in the











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