JIBANANANDA MOHAPATRA Vs. UNION OF INDIA

JUDGEMENT

(1.) IN the instant writ application, the petitioner challenges the order dated 24.4.2003 of the Central Administrative Tribunal, Cuttack Bench, passed in O.A. No. 203 of 2003 as well as the order of termination dated 20.1.2003 passed by opposite party No. 3 -Official Liquidator, as illegal, unjust, improper and violative of principles of natural justice, having been passed without following the due procedure of law.

(2.) THE case of the petitioner is that he was appointed as a company paid clerk -cum -typist under the Official Liquidator -opposite party No. 3 by way of interview on 6.11.1989. He continued in the said service as a company paid staff. He had been discharging his duties to the utmost satisfaction of his higher authorities. On 12.12.1999, he appeared in an interview for being absorbed in the regular establishment as per the Hon'ble Apex Court's direction, but was not selected and so not regularised. However, he continued in the former post. On 20.1.2003, opposite party No. 3 issued an order terminating the services of the petitioner with effect from 20.2.2003. Thereafter, the petitioner approached the Central Administrative Tribunal, Cuttack Bench in O.A. No. 203 of 2003, but the Tribunal by its judgment dated 20th April, 2003 dismissed the O.A. holding that there remained nothing to be adjudicated as the services of the petitioner had already been terminated as per the order of the Hon'ble Company Judge.

(3.) LEARNED Counsel for the petitioner submitted that since the petitioner was working from 1989 as a company paid staff, he should be regularized in view of the judgment of the Hon'ble Apex Court in Government of India v. Court Liquidator's Employees Association, etc. : (1999)IILLJ942SC . Since similarly situated company paid staff working under Official Liquidators of different High Courts have been continuing in service, the termination of the petitioner and non -consideration of his case for regularization is discriminatory. In the aforesaid reported case, the question before the Hon'ble Apex court was whether the persons appointed by the Official Liquidator were entitled to equal pay and regularisation as the employees appointed by the Central Government in the office of the Official Liquidator. The Government considered various options to find out an acceptable solution in regard to company paid staff and offered three options. The Apex Court accepted the first option given by the Central Government and directed the Official Liquidator to frame a scheme modeled on the 1978 Scheme of Department of Company Affairs within six months and give effect to the same to facilitate absorption of those company paid staff.