PRANBANDHU NAG Vs. C M D A

JUDGEMENT

(1.) THIS is a writ petition by some of the employees of Calcutta Metropolitan Development authority (hereinafter described as C. M. D. A. ). An association has been formed by the employees called "cmda" Employees Joint Action Committee". It has been alleged in the present writ petition that the petitioners state that the instant writ petition is intended to safeguard the interest of public at large and the interest of the serving employees of CMDA. The petitioners also state that the Calcutta Metropolitan Development Authority is a statutory body created by the Calcutta Metropolitan Development Authority Act, 1972 (since repealed and replaced by West Bengal Town and Country (Planning and Development) Act 1979 which came into effect on and from 16. 1. 82 and it has been vested with powers to carry on business of public importance which is fundamental to the life of the community. In other words, CMDA cannot act arbitrarily and capriciously and in contravention of Rules/regulations and procedures of appointment, promotion, retirement etc. set down by the authority nor CMDA can disregard the Government Policy in these regards.

(2.) IT has further been alleged that while making appointment (s) CMDA cannot go against the policy of the State Government nor can it violate any provisions of Recruitment Regulations and/or Recruitment Rules of its own or of the State Government. Any appointment must strictly adhere to the rules relating to- (a) age limit i. e. working age limit beginning with lower limit of 13 years and upper limit of 58 years, (b) eligibility criteria and (c)method of recruitment including selection procedure etc. The case of the petitioners is that among the fleet of directly recruited employees of CMDA there are different specialised groups like Engineers, Architects, Planners, economists, Statisticians, Geographers, Social Scientists etc. along with secretarial, Administrative and Accounts personnel. In fact, there is no dearth of appropriate manpower resource among the directly recruited employees of CMDA to carry out the assigned tasks. However, with the plea of non-availability of expertises in some functional areas CMDA inducted deputationists of more than 700 which in fact curtailed the promotion benefit of the directly recruited employees of CMDA. Even after 23 years of creations CMDA cannot and should not induct personnel on deputation since "deputation" as a concept and as a policy of "infant Protection' is not only undesirable in the instant case and against public policy but also it curtails the service benefits of the directly recruited employees of CMDA. Petitioners submit further that "deputation" as a concept and as a policy is intended to build-up in house expertises of a newly born organisation and as such 'deputation' is a short-run phenomenon but its perpetuity in CMDA is a myth.

(3.) THE respondents have not denied that super annuated employees are being re-employed by the CMDA. fit has been conceeded that about 80 superannuated employees have been re-employed. According to the respondents it has been done because of the exigency of the circumstances as the existing employees have not acted or acquired the necessary qualifications for their employment.