Andhra HC (Pre-Telangana)
Managing Director, A.P. Women'S ... vs M. Ashok Kumar And Another on 26 July, 2001
Equivalent citations: 2001(5)ALD396
Author: S.B. Sinha
Bench: S.B. Sinha
ORDER S.B. Sinha, C.J.
1. All these appeals involving similar questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.
2. These appeals by the A.P. Women's Co-operative Finance Corporation Limited Hyderabad, are directed against the common judgment and order of the learned single Judge in WP No.23128 of 1995 and batch of cases directing regularisation of the services of the respondent-writ petitioners as per G.O. Ms. No.212, dated 22-4-1994.
3. The respondents-writ petitioners in these appeals who are working in various capacities in A.P. Women's Co-operative Finance Corporation Limited, filed the writ petition for a direction upon the appellant-Corporation to regularise their services in terms of G.O. Ms. No.212, dated 22-4-1994.
4. Briefly noted, the facts are:
The respondent-writ petitioner in WA SR No.40286 of 2001 was appointed as Mechanic man in the year 1986 in the Printing Press of the Corporation on daily wage basis. The respondent-writ petitioner in WA SR. No.40288 of 2001 was appointed as Dress Making Instructor on 1-3-1988 having been duly sponsored by the Employment Exchange and she is being continued in service with artificial breaks. The respondent-writ petitioner in WA SR No.40289 of 2001 was appointed as Driver on 5-11-1988 by the competent authority after he was sponsored by the Employment Exchange and he is being continued in service with artificial breaks. He alleges that though persons junior to him have been absorbed into the service of the Corporation, his case was not considered for absorption. Similar is the case of the respondent-petitioner in WA SR No.40290 of 2001 who was appointed as Office Assistant on 20-11-1991 and his services were dispensed with in June, 1998. The respondent-petitioner in WA SR No.40292 of 2001 was appointed as Assistant Instructress through a process of selection on 17-10-1994 and she is being continued in service with artificial breaks. The respondents-writ petitioners in WA SR No.40294 of 2001 were appointed as Cruch Teacher, Sericulture Instructress and U.D. Accountant through a process of selection on 8-4-1992, 1-4-1992 and 15-9-1991 respectively.
5. Their grievance is that though they have been selected through a process of selection, their services have not been regularised inspite of several representations made by them and some of them are being continued with artificial breaks. They further contend that consequent to their appointment in the Corporation, their names have been deleted from the rolls of the Employment exchange and as such they lost the opportunity of getting employment elsewhere.
6. It appears that some of the respondents-petitioners have also filed writ petitions before this Court, which were disposed of directing the Corporation to consider their cases for regularisation of services in terms of G.O. Ms. No.212. But, the Corporation rejected their cases for regularisation on the ground that there were no sanctioned posts in the Corporation.
7. The learned single Judge disposed of all the writ petitions in terms of an earlier order passed by the learned Judge in WP No.7175 of 1997 and batch dated 8-12-2000 in the following terms:
Accordingly, a direction is given to the respondents to regularise the services of the petitioners from 25-11-1993 as they have completed five years of service by that date without insisting for existence of a clear vacancy as stipulated in clause V of G.O. Ms. No.212 dated 22-4-1994, but subject to fulfilment of other conditions therein and the rule of reservation to be followed while fixing the inter se seniority among them, If required number of candidates from reserved categories are not available to be fitted in the roster, those posts may be carried forward and the backlog posts have to be filled in, in the next recruitment. On regularising their services, the petitioners are entitled to count their service for the purpose of seniority and other attendant benefits like terminal and pensionary benefits, which are being enjoyed by the regular employees of the Corporation. As far as monetary benefit is concerned, the same is limited from 1-1-2001 in the time scale of pay attached to the post. The respondents are given twelve weeks time to pay the difference in wages i.e., after deducting the pay that they are receiving as on 1-1-2001 after they are fit in the time scales of pay.
8. In respect of petitioner in WP No.21562 of 2000 and two others who stopped attending to duty, the learned Judge directed the appellant-Corporation to give notice to those employees who stopped attending the work after 25-11-1993 and who are eligible to get their services regularised under the scheme framed by the Government in G.O. Ms. No.212, dated 22-4-1994 and to find out whether they would like to continue to rejoin the service or not and also to prepare a list of those candidates who are willing to rejoin basing on the length of service put in by them and preference shall be given for re-employment in future before going for fresh recruitment.
9. The main judgment of the learned single Judge was the subject-matter of decision in Secretary, A.P, Social Welfare Residential Educational Institutions Society v. P. Venkata Kumari, , wherein it has been held that all pre-conditions in G.O. Ms. No.212, dated 22-4-1994 must be satisfied before the said G.O. is implemented. One of the pre-conditions being that there must be a clear vacancy.
10. The learned Counsel appearing for the respondents-writ petitioners, however, has produced before us an order dated 21-9-2001 passed by the Apex Court in Civil Appeal Nos.1959-1961 of 1998 (M.D., A.P. Women's Co-operative Finance Corporation Limited v. Leela Naidu Etc.), from a perusal whereof, it appears that the appellant herein had framed a scheme governing the service conditions of the employees like the respondents herein. The scheme is as follows:
1. The trades/courses are founded by funds made available by the agencies funding the same and the remuneration of the Instructors are to be met from out of these funds. The running of trades/courses and the employment of the instructors is subject to the availability of these funds and they shall be paid @ Rs.100/- per trainee p.m., subject to a maximum of Rs.2500/- p.m.
2. A seniority list shall be maintained for each trade and course separately.
3. If for lack of funds or as directed by the funding agencies, it becomes necessary to retrench any instructors, it would be done on the principle of last come first go.
4. Whenever necessity arises to close a particular trade/course, Instructors in that particular District would be liable to be shifted to a District where the junior most is working on the principle of first come last go if it is possible.
5. If all the District disband any particular Course/Trade the Instructors shall be terminated and if they are suitable to conduct training in other courses/trades due to their skill development or by virtue of their experience in the trade/ course, they would be adjusted in other trades/courses with their consent if possible.
6. The Instructors would be eligible for:
a. Maternity leave for 120 days;
b. 15 days casual leave;
c. 5 days sick leave with pay.
7. The Instructors shall be recommended for sanction of loans under PMRY, PMIUPEP and other Government subsidised loading programmes if the trades/courses are closed.
8. The eligible daughters of Instructor would be selected in training courses and would also be recommended for Credit schemes of the Government.
9. It would be seen that if the daughters of Instructors are willing to undergo any skill development training available in the Pranganam, they would be selected into it depending upon their qualifications and suitability.
10. The Corporation would provide EPF contribution as long as an Instructor is working.
11. The Apex Court recorded:
On going through the said Scheme, we are of the considered opinion that the Schence would be beneficial to the respondents. But so far as the question of emoluments is concerned, contained in clause (1) of the Scheme in modification of the same, we would call upon the appropriate authority to grant a regular scale of pay as it thinks fit for these respondents taking into account their qualifications, the service rendered, experience etc., within a period of three months from the date of communication of this order and the respondents be communicated accordingly.
12. The said Scheme does not pertain to regularisation of services. However, we have no manner of doubt whatsoever that if any of the respondents-writ petitioners comes within the aforementioned Scheme, the same would be implemented.
13. For the reasons aforementioned, the appeals are allowed and the judgment and order passed by the learned single Judge are set aside. In modification of the order of the learned single Judge, the appellant-Corporation is directed to regularise the services of the respondents-writ petitioners herein in the event they satisfy the preconditions laid down in G.O. Ms. No. 212, dated 22-4-1994. There shall be no order as to costs.