STATE OF BIHAR Vs. SHYAM YADAV

JUDGEMENT

(1.) The question that falls for consideration in these appeals is whether Class III and Class IV employees who were employed in connection with census operation of 1991 in the State of Bihar and whose services have been terminated after the completion of the census work are entitled to seek absorption in service under the Government of Bihar.

(2.) The census operations are conducted by the Government of India in accordance with the provisions of the Census Act, 1948 after an interval of 10 years. In connection with the said census operations Class III and Class VI employees are employed as Supervisors, Checkers, Compilers, etc. for collecting different data in the various Tabulation Offices established in different parts of the Country. After the competion of the census operations the services of these employees are terminated. Demands have been raised from time to time by such retrenched census employees for their absorption in service in the Central Government or in the State Government. Similar appointments were made on the posts of Supervisors, Checkers, Compilers, etc. in connection with 1991 census operations and after the completion of the census operations their services were terminated. By his letter dated December 26, 1991, the Registrar General and Census Commissioner, Government of India, requested the Chief Secretaries of the States to extend whatever assistance the State Government could provide in absorbing in the State Governments own offices as well as in the undertakings the temporary staff appointed in connection with the census work when the Regional Tabulation Offices which have been set up in the States/Union Territories are wound up in 1992. The Secretary to the Government of Bihar, Department of Personnel and Administrative Reforms, by his letter dated September 2, 1992, informed the Registrar General and Census Commissioner that the number of retrenched and surplus employees of the different offices of the State Government are excessive and they are waiting for being adjusted in the Government service but till now it has not been possible to give them a berth and in the circumstances it would not be possible for the State Government to absorb the retrenched census employees of the Government of India in its offices. Feeling aggrieved by the said communication dated September 2, 1992, a number of retrenched employees of 1991 census operations filed writ petitions in the Patna High Court for quashing the letter dated September 2, 1992 and for a direction to the State Government of Bihar to absorb them against existing vacancies available in different departments under the State Government. The said writ petitions have been allowed by the High Court by the impugned judgments dated February 18, 1994 and March 9, 1994. the High Court has directed the State Government to consider the cases of the retrenched census employees (hereinafter referred to as the petitioners) who had filed the writ petitions before the High Court for their absorption along with others at the time of regular appointment against suitable posts and that they should be given preference, if they are otherwise eligible for such appointment, and in case they are found over age, age relaxation equivalent to the period they have served in the Census Department, can also be provided, but such consideration shall be strictly in accordance with inter se seniority of the retrenched employees of that year.

(3.) The High Court has proceeded on the basis that the Government of Bihar in its Cabinet meeting held on January 8, 1973 took a policy decision to provide employment by absorbing retrenched census employees and that the said policy decisions was reiterated through various executive instructions of the state Government contained in letters dated April 7, 1982, May 14, 1985, February 14, 1986, May 5, 1987 and August 19, 1987. The High Court has also referred to the orders passed in other writ petitions relating to retrenched employees of 1971 and 1981 census wherein directions were issued to the State Government to consider the cases of retrenched employees of 1971 and 1981 census for employment under the State. The High Court was of the view that from time to time the authorities decided to consider the cases for absorption/appointment of 1991 retrenched census employees at the same pattern on which the other retrenched census employees were absorbed. Feeling aggrieved by the said judgments of the High Court, the State of Bihar has filed these appeals.