AKOLA DISTRICT REVENUE DEPARTMENT CLASS III MINISTERIAL GOVERNMENT SERVANTS ASSOCIATION, AKOLA AND OTHERS Vs. STATE OF MAHARASHTRA AND OTHERS

JUDGEMENT

(1.) THE two petitions under Article 226 of the Constitution, relate to one issue, namely the impermissibility of reverting promotee Naib Tahsildars to make room for nominee Naib Tahsildars.

(2.) NAIB Tahsildars are a class of officers in the Revenue services of the State. By resolution No. R.C.T. -1062/27345 -T dated 14th September, 1963, Government withdrew the subject of recruitment to the post of Naib Tasildars in the Nagpur Division from the purview of the Maharashtra Public Service Commission. The recruitment of Naib Tahsildars in the Division was entrusted to the Commissioner, Nagpur Division. Briefly, the resolution of 14th September, 1963 directed that the posts of Naib Tahsildars were to be filled in by nomination and promotion in the proportion of 50:50. Recruitment in keeping with the G.R. of 14th September 1963, continued to be made from 1963 to 1970. From the year 1971 to 1984, the State Government did not make a direct recruitment to the post of Naib Tahsildars. In the year 1980, a draft of rules for recruitment of Naib Tahsildars was prepared. The said draft was finalised and came into effect in the year 1986. On 3 -9 -1984, a request had been made by the Commissioners of Nagpur and Amravati Divisions (replacing the earlier single Commissionerate for Nagpur Division) for direct recruitment of Naib Tahsildars. This request was turned down by the State Government. However, on 3rd September, 1984, the Government in the Revenues and the Forest Department permitted direct recruitment of Naib Tahsildars in the Nagpur and Amravati Divisions. This was to the extent of 50% and in keeping with the G.R. of 14th September, 1963. Apprehending trouble, the affected personnel describing themselves as a Akola District Revenue Department Class III Ministerial Government Servants' Association, Akola, together with four others filed Writ Petition No. 85 of 1985. The prayer made in this petition was for quashing memorandum dated 3 -9 -1984 and staying the implementation thereof by the concerned Commissioners. The respondents to that petition, namely, the State and the two Commissioners filed a return and one of the stands taken therein was that the proposed direct recruitment was "to prepare a waiting list of candidates to be appointed against the supernumerary posts to be sanctioned by the government against 50% quota of Naib Tahsildars to be appointed by nomination". Having regard to this stand, the interim relief claimed by the petitioners was not granted. However, on 27th December, 1986, an order came to be passed at Annexure -E and thereby 42 promotees in the Nagpur Division, were reverted to the post of First Grade Clerks from the post of Naib Tahsildars "for want of vacancies". This led to the institution of Writ Petition No. 2631 of 1986.

(3.) LEARNED counsel for the petitioner submits that there was no direct recruitment from the year 1971 to 1985. Though the Government had prepared draft rules in 1980, these were finalised as late as in 1986. Absence of direct recruitment for near about 15 years, clearly indicated that the quota rule incorporated in the G.R. of 14 -9 -1963, had been abandoned. It was not open to the Government to take recourse to the abandoned provisions with a view to make direct recruitment, and, at the costs of persons already manning the posts in the regular cadre of Naib Tahsildar. In support of this submission learned counsel relies upon The Direct Recruit Class -II Engineering Officers' Association and others vs. State of Maharashtra and others, : AIR 1990 SC 1607. This was a judgment given on appeal by Apex Court - the appeal being against a judgment of this High Court to which one of us (Daud. J.) was a party. The pros and cons having been considered, the Supreme Court ended with a summation and the following therefrom is pressed into service by the learned counsel representing the petitioner: