J KRISHNA MURTHY Vs. D R GARG

JUDGEMENT

(1.) The petitioners 1 to 4 have been working on payment of consolidated wages while petitioners 5 and 6 have been working on daily wage basis in the Scheduled Castes Service Co-operative Society Limited, Nalgonda District, (briefly referred to as 'the Society') from various dates in various posts as follows: <FRM>JUDGEMENT_734_ALT2_1995Html1.htm</FRM> The 1st petitioner is a graduate and passed Shorthand (Eng.) Lower Grade. The 2nd petitioner passed Intermediate and Higher Grade in English typewriting while petitioners 3 to 6 passed S.S.C., Intermediate, B.Sc., and B.Com., respectively. As they were not absorbed in regular service, they filed W.P. No.11453 of 1992. A learned single Judge of this Court, following the judgment in W.A. No.723 of 1989 dated 20-2-1991, allowed the writ petition on 20-7-1993 and directed the Society to regularise the services of the petitioners in their respective posts in which they are working or any other equivalent post and pay the regular time scale of pay attached to the said post with effect from 9-9-1992 which is date of filing of the writ petition, within a period of three months from the date of receipt of a copy of the order. The order was received by the Society on 12-8-1993 and as it was not implemented by the Society for nearly 8 months, inspite of reminders from them, the petitioners filed this contempt case seeking to punish the respondents. The fourth respondent, who is the present Collector of Nalgonda District, was added as a party by Court Order dated 30-1-1995. The contempt case was admitted on 23-8-1994.

(2.) The Executive Director of the Society filed counter on 1-8-1994 stating that the service of first petitioner has been regularised pursuant to the order of this Court in W.P. No. 11453 of 1992 and that services of petitioners 2 to 4 could not be regularised as they do not possess degree which is the minimum qualification required with effect from 12-1-1990 as per the circular of Managing Director of the A.P. Scheduled Caste Co-operative Finance Corporation Limited (for short 'the Corporation'). It is also stated that third petitioner cannot be absorbed in the post of Record Assistant as this post is to be filled up by promotion from the cadre of Attender/Night watchman and another attender has already made representation to promote him as Record Assistant. It is also stated that he,was not sponsored by Employment Exchange. Regarding fourth petitioner, the Society's stand is that he is not a graduate and also that he was not sponsored by Employment Exchange. As far as fifth and sixth petitioners are concerned the Society admits that they are qualified but they could not be absorbed as they are juniors to We other four petitioners and also for the reason that there are no sanctioned posts in the Society to accommodate them. It is also stated in the counter that the Society has examined the case of the petitioners to absorb them in the light of G.O.Ms. No.212, F & P (PW.P.C. Ill) Department dated 22-4-1994, that as the petitioners have not put in five years of service as on 25-11-1993 and are also not qualified, they are not entitled to benefit of G.O.Ms. No.212. It is also stated that a detailed proposal had already been submitted to the Managing Director of the Corporation for further examination and accordingly there is no violation of the orders of this Court. The Society has also pleaded financial difficulties. As far as the first petitioner is concerned, the Society has implemented the order, that too on 7-9-1994 after the contempt case has been filed and nine months after the due date fixed by this Court. No explanation is, however, offered in the counter for the delay. Though G. Narendranath filed counter in the Registry on 12-9-1994, it does not bear the date when it was sworn to and the last page was not attested. Office ought not to have received this counter which is no counter in the eye of law. Hence, this counter is ignored. It is deplorable that Collector should file such a counter casually with out even putting the date on which it is sworn. Then two additional counters are filed - one by the Managing Director of the Corporation, first respondent, on 16-8-1994 and another on 20-2-1995 by the second respondent. The Managing Director says that the case of the petitioners has been considered in the light of G.O.Ms. No.212 dated 22-4-1994 and that as petitioners 2 to 4 are not graduates, their case will be sent to Government recommending for regularisation against the sanctioned posts. As regards petitioners 5 and 6, it is stated that as they have not put in five years of service and as there are no sanctioned posts, their cases will be examined separately and that the respondents have not disobeyed the orders of this Court.

(3.) The petitioners have filed reply affidavit on 8-8-1994 stating that Act 2 of 1994 (for short 'the Act') which came into force on 25-11-1993 is not relevant since the respondents ought to have implemented the order of this Court by 12-11-1993, long before the commencement of the Act, that circular dated 12-1-1990 prescribing minimum qualification as graduation does not apply to the petitioners as they have been appointed long prior to that date and when they were appointed, minimum qualification required was only Intermediate. It is also contended that the Society has sought for three more posts of Junior Assistants and one post of Junior Asst./Typist and the contention of the respondents that there are no sanctioned posts is false and intended to mislead the Court. Regarding financial position of the Society, the petitioners state in their reply affidavit that there are surplus funds in the Society and in support of the same, they filed a statement showing the funds as maintained in various accounts in various banks.