State of Maharashtra Vs. Deo Rao & Anr  INSC
804 (7 December 1995)
K.Ramaswamy, K.Hansaria B.L. (J)
1996 SCC (7) 216 JT 1995 (9) 617 1995 SCALE (7)338
O R D
On September 4, 1995, we issued the following
is stated by Sh. K. Madhava Reddy, learned senior counsel appearing for the
State that the Government had not duly approved the recommendations made by the
Committee. But with modifications, certain procedure has been prescribed for
absorption of such of those candidates like the respondents appointed in the
Forest Department. It is also stated that those two respondents having been
found eligible according to the Scheme, they have been absorbed. It is brought
to our notice that the persons claiming similar reliefs have filed the
petitions in the Tribunal and also the contempt proceedings against the State
for non- implementation. In that situation, the appropriate course would be
that the State should file an affidavit by the competent Officer enclosing the
Scheme evolved for workmen. Then we would be in a position to consider the
cases and pass appropriate orders. Mr. Madhave Reddy seeks for and is granted
four weeks time for filing the affidavit. It would be open to the counsel
appearing in the Tribunal to bring this order to the notice of the Tribunal and
the Tribunal would do the needful. List after four weeks." Pursuant
thereto, the appellant have framed Scheme for absorption of all these temporary
candidates working as Assistant Plantation Officers, Ropvan Kotwals and clerks.
the above scheme, we are informed that 62 Assistant Plantation Officers and 9 Clerks
who were qualified under the Scheme, have already been absorbed. Even out of 73
Ropvan Kotwals, 31 candidates have already been absorbed.
remains are only 42 candidates. It is seen that under the Scheme the criteria
prescribed are as under:- "13. It is submitted that the following
eligibility criteria regarding reappointment of the terminated Ropvan Kotwals
has been applied in deciding their eligibility/non-eligibility:
names of the candidates for the post of Ropvan Kotwal must come through the
Government approved agencies like the Employment Exchange, the Social Welfare
candidate for the post of Ropvan Kotwal must fulfil the following conditions at
the time of recruitment;
must have passed VII Standard Examination.
must not be over 28 years of age (Relaxation of 5 years is granted in case of
backward class candidate).
Hi must meet the following physical standards;
: Minimum 163 cm.
: Minimum 79 cm.
minimum 84 cm.
Minimum inflation of Chest : 5 cm." We cannot find fault with the scheme
as framed by the appellant. But however, the facts remain that 42 Ropvan Kotwals
had already put in about eight years of service from the initial dates of
appointment. It is stated by Mr.
the learned counsel appearing for the respondents that they passed the 8th
standard examination prescribed. It would appear that they were over aged at
the date of initial appointment and some of them did not prescribe the minimum
Height of 163 cms. and expansion of Chest at 79 cms. as prescribed under the
Scheme. We cannot straightaway give directions for absorption of them. We
direct the appropriate officer to examine them, conduct physical examination of
them and if they are marginally short of, the minimum prescribed under the
Scheme, their cases would be considered and absorbed. When we asked the counsel
for the State, on instructions, it is stated by Mr. S.M. Jadhav that as at
present there are no vacancies existing. Shri S.V. Deshpande stated that there
were advertisements made calling for fresh recruitment but may be in some other
whatever scheme that may be in operation, if they are eligible to that scheme,
the case of the left over candidates also would be considered and appropriate
orders may be made. It is denied by the counsel for the State. If there are no
advertisements made as contended for, as and when the vacancies arise, their
cases would be considered and absorbed. They will not be entitled to backwages
from the date of the protection given by the Tribunal till the date of
absorption. As and when there is any work to be done on daily basis, they would
be engaged as per rules or instructions. If they become over aged at the time
of recruitment, necessary age relaxation also be given. All the proceedings
pending in the Tribunal stand closed.
appeal is accordingly disposed of. No costs.