UNION OF INDIA Vs. TAPAS CHAKRABORTY

JUDGEMENT

(1.) The respondent Nos. 1 to 103 are the company paid staff in the office of the Official Liquidator, High Court at Calcutta. The service conditions of the said respondents are such that they are working in the said office without any service benefits as admissible to Central Government employees in similarly situated conditions. Sometime in November, 1999 the said respondents were served with notices to appear for an interview for being absorbed in the office of the Official Liquidator, High Court at Calcutta in group 'C' posts consequent upon a judgment delivered by the Hon'ble Supreme Court on 27.8.99. It is the case of the said respondents that on coming to learn of the judgment delivered by the Hon'ble Supreme Court they also came to learn that similarly situated staff in the office of the Court Liquidator of this Court and that of the Delhi High Court and Kerala High Court had-prayed for regularisation of their services and had also prayed to be absorbed with equal status as that of Central Government employees. According to the said respondents, the Hon'ble Supreme Court disposed of the pending applications by giving an opportunity to the appellants in those appeals to absorb the company paid staff working both under the Court Liquidator in the Calcutta High Court and the Official Liquidator in other High Courts by framing a scheme to be medalled on a similar scheme published in 1978. Inasmuch as, the said respondents were not parties to the said proceedings before the Hon'ble Supreme Court, they filed a separate writ application for being absorbed as both group 'C' and group 'D' staff respectively in the office of the Official Liquidator, High Court at Calcutta. Inasmuch as, the scheme as framed in terms of the directions given by the Hon'ble Supreme Court did not, according to the said respondents, conform to the said directions of the Hon'ble Supreme Court, they filed a fresh writ application, being W.P. No. 1387 of 2003, which was disposed of by the learned single Judge by his judgment and order dated 27.11.2002. By virtue of the said judgment the learned single Judge, while allowing the writ application, directed the State respondents to reconsider the scheme framed by them in 1999 after ascertaining whether all company paid staff in the office of the Official Liquidator, Calcutta High Court, could be absorbed as Group 'C' staff within three years to be reckoned from the date of coming into force of the said scheme of 1999. The State respondents were directed to consider de novo the impugned panel which had been prepared in terms of the scheme with regard to the eligible company paid staff in group 'C' strictly in order of seniority and upon absorption of such company paid staff on the basis of such list the seniority in the cadre of Group 'C' was to be maintained. The learned single Judge noticed that purportedly in terms of the scheme the respondent Nos. 5 to 26 in the said writ application had already been absorbed in group 'C' in the office of the Official Liquidator, High Court at Calcutta. The learned Judge directed that since the said respondents had already been appointed they should not be disturbed but the seniority was to be maintained even in respect of the said respondents.

(2.) As regards group 'D' staff the State respondents were directed to take steps for regularisation of such of the said respondents who might be eligible and qualified according to the rules to be absorbed as group 'D' staff within a period of three months from the date of the judgment. It was stipulated that such regularisation was to be made strictly in order of seniority, viz., length of service in the organization. The learned Judge injuncted the respondents from filling up any post in Group 'C' or Group 'D' by direct recruitment until the directions given by the learned Judge were carried out in full. It is interesting to note that the scheme of 1978 provided for regularisation of staff as against 50% of the vacancies and the scheme framed in 1999 also provided for filling up of 50% of the vacancies by absorption in terms of the Scheme and the remaining 50% by direct recruitment. The learned Judge took note of the said fact and since according to him all the staff in the office of the Official Liquidator, High Court, Calcutta, were required to be absorbed, the learned Judge directed that in the event the company paid staff could not be regularised against the 50% vacancies reserved for them, then it would be necessary to reconsider the increase of quota from 50% or by creating supernumerary posts so that subject to reservation policy all the company paid staff could be absorbed as Central Government Staff.

(3.) Aggrieved by the said judgment and order of the learned single Judge the Union of India has preferred the instant appeal.