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1990 Supreme(Cal) 347
High Court Of Calcutta
G.N.Ray, S.K.Hazra, JJ.
State Of West Bengal - Appellant
Versus
Secretary, West Bengal Junior Land Reforms Officers Association – Respondents
Decided on : Aug 27,1990
A.K.Basu Choudhury, A.K.Motilal, Aloke Biswas, J.K.Roy, K.K.Moitra, N.N.Gooptu
Headnote:
LAND REVENUE - REORGANISATION OF ADMINISTRATIVE SET UP - SCHEME OF INTEGRATED SET UP - CREATION OF REVENUE OFFICER IN BLOCK LAND AND LAND REFORMS OFFICERS IN LIEU OF SETTLEMENT KANUNGO, GRADE-I AND JUNIOR LAND REFORMS OFFICERS - QUASHING OF MEMORANDUM AND NOTIFICATIONS - APPEAL BY STATE - HELD, STATE GOVERNMENT CAN CREATE POSTS, SERVICE OR CADRE - J. L. R. OS DID NOT FORM SEPARATE CADRE - REDESIGNATION AS REVENUE OFFICER NOT ADVERSELY AFFECTING CONDITIONS OF SERVICE - NO PRIOR HEARING REQUIRED - APPEAL ALLOWED.
Fact of the Case:
The instant appeal was preferred by the State of West Bengal and its officers against the judgment of the learned trial Judge quashing the impugned notifications and memoranda. The State Government was considering changes in the administrative set up of the Land and Land Reforms Department since 1972. Notifications were issued indicating the outlines of the scheme for reorganization. The scheme of integrated set up was introduced in 1988. The impugned notification dated 18th February, 1989 was issued creating 1093 permanent posts of Revenue Officer in Block Land and Land Reforms Officers in lieu of 724 existing posts of Kanungo, grade, I and 369 existing posts of JLRO. The writ petitioners, members of the West Bengal Junior Land Reforms Officers' Association, challenged the notifications and memoranda contending that the State Government had no power to create the post of Revenue Officer and transfer JLROs to the said cadre without their consent and that the assurance of equivalence in pay, rank, status etc. was a poor substitute for the equivalence of status and rank.
Finding of the Court:
The Court held that the State Government had the executive power to create posts, service or cadre and that the JLROs did not form a separate cadre. The Court further held that the redesignation of JLROs as Revenue Officers did not adversely affect their conditions of service as their pay, rank, seniority and promotional prospects were expressly protected. The Court also held that prior hearing was not required before effecting the changes in the conditions of service as the purpose of giving a hearing had been fulfilled by the earlier litigations where the respective contentions of the parties were made known to each other.
Issues: 1. Whether the State Government had the power to create the post of Revenue Officer and transfer JLROs to the said cadre without their consent? 2. Whether the assurance of equivalence in pay, rank, status etc. was a poor substitute for the equivalence of status and rank? 3. Whether prior hearing was required before effecting the changes in the conditions of service?
Ratio Decidendi: 1. The State Government has the executive power to create posts, service or cadre. (See para 6) 2. Mere monetary equivalence is a poor substitute for the equivalence of status and rank. (See para 6) 3. Prior hearing is not required before effecting the changes in the conditions of service if the purpose of giving a hearing has been fulfilled by earlier litigations where the respective contentions of the parties were made known to each other. (See para 10)
Final Decision: The appeal was allowed and the judgment passed by the learned trial Judge was set aside. The JLROs were directed to join the post of Revenue Officer within a fortnight from the date of the judgment. The entire period till fortnight from the date of the judgment was to be treated as on special leave with pay to those JLROs who had not joined the new assignment of Revenue Officers.
1. THIS appeal is directed against the judgment dated June 21, 1989 passed by the learned trial Judge in Civil Order No. 11095 (W) of 1988. By the aforesaid order, the learned trial judge allowed the writ petition and quashed Memorandum being NO. 727-L. Ref dated 21st July, 1988 (Annexure 'o' to the writ petition) and No. 729-L. Ref dated 21st July, 1988 (Annexure 'p' to the writ petition) and Notification lb. 49-L. Ref dated February 18, 1989 (Annexure 'c' to the affidavit-in-opposition). The relevant facts for the appreciation of the disputes involved in the writ petition may be stated as follows. The existing land tenure system was changed by abolishing zamindari and other intermediate tenancy and raitwari tenancy by the introduction of the West Bengal estates Acquisition Act, 1953. By a notification dated august 7, 1954, rules for recruitment to the post of junior land Reforms Officer were framed in exercise of the powers under proviso to Article 309 of the Constitution of India. Such rules for recruitment were subsequently amend by directing at District Kanungo and revenue Officer would be selected for appointment to the post of junior Land Reforms Officer (hereinafter referred to as JLRO). By notification dated September 8, 1967, the Government of West Bengal Subordinate Land revenue Service Grade I. By the same notification, rules for recruitment to the West Bengal Subordinate land Revenue Service Grade I under proviso to Article 309 were framed. It has been provided in the said rules that Circle inspectors, Kanango, Grade II and Zilladars who have rendered service for at leas,t five years will be eligible to be promoted to the West Bengal Subordinate Land Revenue service Grade I. On June 10, 1968, notification No. 7292-L. Ref. was issued. It was stated in the said notification that "in Notification No. 14863-L. Ref. dated September b, 1967, a new service known as 'west Bengal Subordinate land Revenue, Service, Grade - I' has been constituted and the Rules for recruitment to the service has been framed. The new service has been constituted with the idea of combining the posts in orders indicated below under the Land and Land Revenue Department and Board of Revenue, West Bengal, into one service. i) Settlement Kanungo, Grade I; ii} Assistant Compensation Officers: iii) Junior land Reforms Officers; iv) Revenue Officers (Loans); v) land Acquisition Kanungo; vi) Permanent settlement Kanungos; vii) Bhagchas Officers; viii) Enquiring Officers (Land Acquisition department and 1st land Acquisition collector's Officer); ix) Assistant Canal Revenue Officers; x) Settlement Kanungos, Land Acquisition Kanungos and junior Land Reforms officers on deputation to other departments.
2. THE question of absorption of existing personnel in different cadres has been considered by Government. It has been decided that the existing incumbents in the different cadres implicated above should be absorbed in the said service.
The Governor, is, therefore, pleased to direct that the existing incumbents of the orders mentioned above whether permanent, temporary, quasi-permanent or with permanent status be absorbed in the said service in their same capacity with effect from the 1st April, 1968,
3. FORMAL orders of appointment will issue in due course, tending issue of formal orders, the existing incumbents are authorised to draw their present pay and allowances,
4. THE cadres mentioned above should be treated as defunct as soon as the subscription of the existing incumbents in the West Bengal subordinate Land Revenue services, Grade -I is completed. Vacancies that would occur in the different order in tine process absorption should not be filled up.
The officers on their absorption in the new service will continue to draw their existing basic pay, in the scale of Rs, 300-10-400/-, they will draw their next increment on the date on which such incumbent would have fallen due had they not been absorbed in the service now constituted. In addition th
