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2002 Supreme(Raj) 635
High Court Of Rajasthan
Judgename : K.S. Rathore
State of Rajasthan - Appellant
Versus
Avas Vikas Sansthan - Respondent
D.B. Civil Special Appeal No. 315 of 2002
Decided On : 05/03/2002
Ashish Joshi for Brijesh Kumar Goyal, in Special Appeal in 896/2000
M. Rafiq, Addl. Advocate General, Prem Asopa, Sr. Advocate, Dinesh Yadav, for R.K. Saini, in Civil Writ Petition No. 800/96, Ajay Rastogi for Narendra Kumar Sharma in Special Appeal No. 248/2002, Alok Sharma for Anil Trivedi in Special Appeal No. 293/2002 and Ashok Gaur for Avas Vikas Sansthan Engineers Association in Appeal No. 315/2002 for the Appellant
R.N. Mathur, for the Respondents/Defendant: for Rajasthan Housing Board and Rajasthan Avas Vikas Sansthan
The central legal point established in the judgment is the court's authority to review employment decisions following the dissolution of a statutory body, as governed by the Rajasthan Housing Board Act, 1970.
Headnote:
Avas Vikas Sansthan - Employment Dispute - Rajasthan Housing Board Act, 1970, Section 54, Section 60 - The court discussed the establishment and dissolution of Avas Vikas Sansthan, an agency of the Rajasthan Housing Board, and the subsequent employment disputes. The key legal provisions discussed were Section 54 and Section 60 of the Rajasthan Housing Board Act, 1970, which govern the functions and dissolution of the Sansthan. The court's decision was influenced by the interpretation of these provisions in relation to the employment rights of the Sansthan's employees.
Fact of the Case:
The case involved an employment dispute arising from the establishment and subsequent dissolution of Avas Vikas Sansthan, an agency of the Rajasthan Housing Board. The employees sought to challenge the termination of their services and demanded absorption into the Rajasthan Housing Board.
Finding of the Court:
The court found that the dissolution of Avas Vikas Sansthan and the subsequent employment decisions by the State Government and Rajasthan Housing Board were subject to legal scrutiny. The court analyzed the entitlement to unpaid salary, the creation of an independent cell for low-cost housing, and the policy for fresh employment for the Sansthan's employees.
Issues: The main issues revolved around the legality of the employment decisions following the dissolution of Avas Vikas Sansthan, including the entitlement to unpaid salary, the creation of an independent cell for low-cost housing, and the policy for fresh employment for the Sansthan's employees.
Ratio Decidendi: The court held that the directions regarding the creation of an independent cell for low-cost housing and the quashing of the government's policy for fresh employment were beyond the court's jurisdiction. However, the court upheld the entitlement to unpaid salary and the protection of employees who had already obtained fresh appointments.
Final Decision: The court partly allowed the appeals filed by the State of Rajasthan, Rajasthan Housing Board, and Avas Vikas Sansthan by setting aside certain directions in the judgment. The appeals filed by the association and the employees were also considered, with the court upholding the entitlement to unpaid salary and the protection of employees who had already obtained fresh appointments.
M.R. Calla, J.-We have before us 37 Special Appeals and one writ petition i.e. 38 matters in all. 37 special appeals filed under Section 18 of the Rajasthan High Court Ordinance, 1949 arise out of the common Judgment and order dated 24.2000 whereby the learned Single Judge decided 17 writ petitions in all.
2. Out of these 38 matters in all, 16 appeals at serial No. 1 to 6 (6 in number) i.e. DBCSAW No. 696/2000, 294/2001, 293/2001, 246/2001, 247/2001, 248/2001; the appeals at 12 to 19(8 in number) i.e. 317/2001, 318/2001, 313/2001, 311/2001, 316/2001, 312/2001, 208/2001, 310/2001; the appeals at S.No.34 and 36(2 in number) i.e. 519/2001 and 766/2001 have been filed by he State of Rajasthan; 17 appeals at serial No. 8 to 10 (3 in number) 20 to 32 and 37 (14 in number) i.e. 674/2000, 869/2000, 667/2000, 01810/2001, 02191/2001, 02190/2001, 02432/2001, 01860/2000, 01859/2000, 01858/2000, 01857/2000, 01954/2000, 01848/2000, 01844/2000, 01842/2000, 01841/2000, 0769/2002 have been jointly filed by the Rajasthan Housing Board and Commissioner Avas Vikas Sansthan; Rest of the five matters i.e. appeal at Serial No. 7 i.e. 890/2000 has been filed by Shri Brijesh Kumar Goyal, writ petition at No. 11 i.e. 6800/99 by Shri R.K. Saini, appeal at No. 33 i.e. 248/2002 by one Shri Narendra Kumar Sharma, appeal at No. 35 i.e. 293/2002 by Shri Anil Trivedi & Ors. and appeal at No. 38 i.e. 315/2002 by Avas Vikas Sansthan Engineering Association. The Civil Writ Petition No. 6800/99 has been listed alongwith these appeals because it has been a writ petition with regard to the same controversy and is to be heard with these appeals in terms of the order dated 30.11.2000 passed by the Division Bench in D.B. Civil Special Appeal No. 890/2000 arising out of S.B. Civil Writ Petition No. 6584/94. This order dated 30.11.2000 is quoted as under-30.11.2000 HON’BLE MR. JUSTICE ARUN MADAN HON’BLE MR. JUSTICE K.S. RATHORE Mr. Dinesh Yadav, for the Petitioner This matter be listed after showing the name of Shri R.N. Mathur, representing learned Counsel for the respondents, alongwith connected matters viz. S.B. Civil Writ Petition No. 1043/2000 (Naseer Khan vs. State) and S.B. Civil Writ Petition No. 6800/99 (R.K. Saini vs. State), tomorrow i.e. on 012.2000.
sd/ sd/
(K. Rathore), J. (Arun Madan) ,J.
3. Whereas all the 37 appeals arise out of the common Judgment and order dated 24.2000 and subject matter of the writ petition No. 6800/99 is the same as an individual in these matters and the Division Bench by its order dated 30.11.2000 has directed this matter to be heard alongwith these matters, we propose to decide all these 37 appeals and the writ petition No. 6800/99 by this common Judgment and order as under:
4. For the purpose of deciding these appeals, we will refer to the pleadings and documents from the writ petition No. 1750/99 out of which D.B. Civil Special Appeal No. 696/2000 has arisen and as has been filed by the State of Rajasthan and Special Appeal No. 315/2002 which has been filed by he Avas Vikas Sansthan Engineers Association. For the purpose of questions which are common to all the cases, of course, the reference will be made to the cases which are in the different groups with their down features.
5. The writ petition No. 1750/99 was filed by Avas Vikas Sansthan Engineers Association and 31 others on
1.03.04.99. The petitioner association came with the case that it is an association of Engineers who have been working in Avas Vikas Sansthan, Jaipur to be hereinafter referred as AVS and the petitioners No. 2 to 31 are the other persons whose interest is common and who are also individually aggrieved. That in the year 1988, the Government of India, Ministry of Urban Development sent a letter dated 18.1988 to the Chief Secretaries of all the Centrally Sponsored Scheme for setting up of Building Centres - Guidelines. This letter dated 18.1988 is on record as Annexure- 9 with the rejoinder dated 13.2000 filed on 13.2000. The National Hou
