D M SHENDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is directed against the judgment of the Bombay High court dated 15/1/1980 whereby Special Civil Application No. 2335 of 1975 filed by the appellants has been dismissed.

(2.) The appellants were appointed in 1973 as Agricultural Overseers in the scale of Rs. 170-400 under the Scarcity Relief Programme undertaken by the government of Maharashtra. By resolution dated 21/3/1973, the government of Maharashtra, after taking note of the fact that on completion of the Scarcity Relief Works the Overseers and other technical personnel are likely to become surplus and may be discharged and in order to facilitate absorption of the retrenched persons in the vacancies in the posts of agricultural Officers, Overseers, Tracers and Assistant Draftsman, etc. , issued instructions regarding the appointment without interview or selection on posts on which the recruiting authorities could make appointments by nomination. This resolution was followed by resolution dated 20/10/1973 whereby sanction was granted for creation of one hundred posts of agricultural Officers in the scale of Rs. 275-480 for field inspection work in the Seed Certification Wing of the Department of Agriculture. By order dated 8/2/1974, the appellants along with certain other Agricultural overseers who were employed under the Scarcity Relief Programme were appointed as Agricultural Officers, Seed Certification Scheme, against the posts that were newly created under the resolution dated 20/10/1973. In the said order of appointment it was expressly stated that the appointment wa "until further orders". The order also contained the following condition:

(3.) By order dated 25/7/1975 issued by the Director of Agriculture, certain posts of Agricultural Officers under the Seed Certification Scheme were downgraded as Agricultural Supervisors temporarily. Thereafter, the services of the appellants as Agricultural Officers were terminated and afresh order dated 28/7/1974 was issued appointing them as Agricultural supervisors in the pay scale of Rs. 160-380 on initial pay of Rs. 250. 00 per month plus allowances admissible as per rules in force from time to time.