OFFICIAL LIQUIDATOR OF VARIOUSCOMPANIES Vs. STATE

JUDGEMENT

(1.) Present Report has been submitted by Official Liquidator of various Companies in liquidation seeking following orders and directions : (a) This Hon'ble Court may be pleased to permit the Official Liquidator to fill up there more vacancies in the Company Paid Staff namely one Sr.Accounts Clerk, one Jr.Accounts Clerk and One Night Watchman by adopting the same recruitment process as directed by this Hon'ble Court vide orders dated 03.02.2010 passed in OLR No.151 of 2009 for filling up the vacant posts of four stenographers and two Company Paid Clerks. (b) This Hon'ble Court may be pleased to direct the Official Liquidator that the services of following four persons in the Company Paid Staff shall not be terminated for the time being and the order dated 08.10.2009 passed by this Court in OLR No.133 of 2009 shall continue to operate mutatis mtandis on the same terms and conditions till the recruitment process as per the order dated 03.02.2010 passed in OLR No.151 of 2009 is completed : - Sr. No. Name Designation Date of Appointment Date of Expiry of period. 1 Sh.Hitesh Gajjar Co.Paid Jr.Clerk 12.02.2007 12.02.2010 2 Sh.Ketan Velani Co.Paid Jr.Clerk 12.02.2007 12.02.2010 3 Sh.Jaimin Shah Co.Paid Jr. Accountant Clerk 22.02.2007 22.02.2010 4 Sh.Lokesh Khanderwal Co.Paid Jr.Accountant Clerk 28.02.2007 28.02.2010

(2.) It is submitted that vide orders dated 21.10.2005 passed in OLR No.83 of 2005, this Court permitted Official Liquidator to appoint 18 persons in the Company Paid Staff on different posts and thereafter, the recruitment process as per the aforesaid order dated was followed and on recommendations of Selection Committee, 15 persons came to be appointed on different posts in the year 2006 - 2007. It is submitted that as against 18 persons permitted to be appointed, only 15 persons were appointed since no application was received for Sr.Account Clerk and as against three posts of Jr.Account Clerk and two posts of Company Paid Clerk, two Jr.Accounts Clerk and one Company Paid Clerk were recruited and appointed. As a result, as against 18 posts only 15 persons could be appointed. It is submitted that one post of Sr.Accounts Clerk, one post of Jr.Accounts Clerk and one post of Company Paid Clerk remained unfilled. It is submitted that thereafter, four stenographers, one Company Paid Clerk and one Night Watchman left the job and resultantly one post of Sr.Accounts Cler, one post of Jr.Accounts Clerk, two post of Company Paid Clerks, four posts of Stenographers and one post of Night Watchman remained unfilled. It is submitted that thereafter, Official Liquidator moved OLR No.151 of 2009 seeking permission of this Court to fill up the vacancy of four stenographers, two company paid clerks by following the same procedure for recruitment as directed by this Court vide order dated 21.10.2005 passed in OLR No.83 of 2005 and vide order dated 03.02.2010 passed in OLR No.151 of 2009, this Court permitted Official Liquidator to fill up aforesaid posts. It is submitted that remaining one post of Sr.Accounts Clerk, one post of Jr.Accounts Clerk and one post of Night Watchman are required to be filled up and therefore, it is requested to permit Official Liquidator to fill up aforesaid three vacancies also by following the same recruitment procedure.

(3.) It is further submitted that in the meantime tenure / term of Shri Hitesh Gajjar, Shri Ketan Velani, Shri Jaimin Shah and Shri Lokesh Khanderwal, all Company Paid Jr.Clerks / Accounts Clerks has expired in the month of February, 2010. Therefore, it is requested to permit Official Liquidator to continue aforesaid Company Paid Jr. Clerks / Jr.Accounts Clerks (if respective Company Paid Jr.Clerks / Jr.Accounts Clerks is to continue) and order dated 08.10.2009 passed in OLR No.133 of 2009 shall continue to operate mutatis mutandis on the same terms and conditions till recruitment process as per order dated 03.02.2010 passed in OLR No.151 of 2009 is completed.