DISTRICT REHABILITATION OFFICER Vs. JAY KISHORE MAITY

JUDGEMENT

(1.) Union of India filed a Scheme for Rehabilitation of the disabled people. The project started with financial assistance of Central Government/Union of India. The full financial assistance was extended till 1993, whereafter only 50% of financial assistance was provided for by the Central Government. The Union of India, however, took up the entire financial burden for the project with effect from 31.1.1998.

(2.) Pilot projects were started under which centres were established in several States of the country with a view to identify the services required by the disabled population, to assist the man power required for delivering those services to them or to work out the modalities for the types of man power etc. One of such centres was established in Kharagpur in the State of West Bengal and another in the district of Mysore in the State of Karnataka. For the purpose of execution of the said projects, a Project Co ordination Committee was constituted. A set of detailed guidelines were circulated. The Project Co ordinator would be the main agency to implement the Project and would function through Member Secretary of the State Level Advisory Committee. The Scheme dated 3.1.1983 was circulated with the concerned State Governments by the Joint Secretary of the Union of India. The total package of services for the disabled starting with awareness in the community and ending with their economic rehabilitation was to contain with the following elements:

(3.) The category of employees found suitable for recruitment for the project were: (i) Community Health Workers; and (2) Anganwari Workers. The Scheme envisaged that the Pilot Scheme with the infrastructure provided should be utilized by the State Governments with an intent to continue the project. The infrastructures created for these pilot projects was expected to prove to be useful for training the required manpower for future pilot projects and similar centres which the State Governments may like to establish. The Project Co ordinators of the Rehabilitation Centres were the officers of the State Governments of States of West Bengal and Karnataka. They selected the employees for the said Rehabilitation Centres. The employees were offered a salary of Rs. 660/ in the scale of Rs.660 60 1100 50 5600. Indisputably they have been working for a long time. Initially as noticed hereinbefore, although funds were provided by an outside agency, the same have been taken over by the Central Government. Terms and conditions of service of the employees appointed were governed by the rules applicable to the employees of the State Governments. The pay scales applicable to employees of the State Government were also applied to their case. The employees, however, filed Original Applications before the Central Administrative Tribunal, Calcutta as also Karnataka at Bangalore, inter alia, contending that they being the employees of the Central Government, the terms and conditions of services applicable to the Central Government should apply in their case also. A preliminary objection was taken as regards of the jurisdiction of the Tribunal on the premise that the applicants were the employees of the State Governments. By a judgment and order dated 14.7.2000, the Tribunal held: