SUBODH KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners are the Extra clerks in the Registration Office of Madhubani district. In this writ petition they seek quashing of Annexure 8, a letter dated 28th May, 1987, by which the Inspector General of Registration (respondent No. 2) has cancelled the appointment of 35 extra clerks, including that of the petitioners for breach of the instructions contained in Government letter bearing No. 355 dated 11-2-1982 (Annexure 10), They also seek quashing of Annexure 9, the consequential order passed by the District Registrar, Madhubani (respondent No. 3), implementing the decision of the Inspector General of Registration (respondent No. 2).

(2.) The petitioners' case, in short, is that in the Registration Office, Madhubani, there are (i) Permanent, (ii) Temporary, and (iii) Extra clerks. Whereas the permanent and temporary clerks have a regular scale of pay, the extra clerks are paid on the basis of piece-rate, viz. Rs. 1-80 per page subject to a maximum of 24 pages per day. The Government, however, charges from the public at the rate of Rs. 4.50 per page. According to the Government policy and decision, copies of registered documents must be supplied to the public within 21 to 30 days (Annexure 12). In order to make available to the public, registered documents, after being copied and/or for preparing certified copies, within the time frame, the Registration Department resort to the appointment of extra clerks. There is a modality for appointment of extra clerks as provided in Rule 26(2)(a) of the Bihar Registration Manual, 1946. The said rule envisages that a list of extra clerks should be prepared in advance in each sub-registry office. The selection of the persons to be included in the list should be made after proper advertisement. In making selection, special importance should be attached to neatness and quality of writing. Those who are Matriculates and can also write the vernacular language, my be given preference. Preference should also be given to persons who are not over 30 years of age and the appointment should ordinarily be confined to persons who are residents of the district. Due regard should be had for the Government orders issued from time to time regarding appointments on communal basis. The list of suitable persons for employment as extra clerks should be duly approved by the District Registrar, who is the District Magistrate of the district.

(3.) On 25-2-1950, the Inspector General of Registration, Bihar (respondent No. 2) circulated a general letter (Annexure 11) containing from than instructions in this regard to be effective from the 1st of January, 1950. The said letter required that list of persons suitable for employment as extra clerks must have the appoval of the District Registrar and there should be no change in list without the specific order of the District Registrar. The list must be prepared in the proceeding month of November to remain in force during the calendar year and it must contain as many persons as can be appointed as extra clerks on the basis of the annual average number of deeds admitted during the last three years. The selection of the candidates should, however, be made after proper advertisement at the headquarters of the district, Sub-divisional headquarters and the Sub-Registry offices. The District Registrar or the Senior Deputy Collector assisted by the District Sub-Registrar or the Senior Deputy Registrar shall conduct the reading and writing test of the vernacular language and special importance should be attached to the neatness and quality of writting. Preference should be given to those who are Matriculates and can also write the vernacular legibly and neatly. The persons who have worked as extra clerks continuously for not less than five years with satisfactory work, be included in the approved list without being required to sit at the test. The employment of extra clerks will be on yearly basis. A person who is once enrolled in approved list of extra clerks should not be removed from the list of the following year, except on the ground of work. They may, however, be dismissed or discharged by the Inspector-General of Registration or by the District Registrar in the event of misconduct or unsatisfactory work. The persons appointed as extra clerks will be given a card. They must regularly attend the Registration office and must not absent themselves from office without permission, and if they so on three or four occasions continuously, their names will be liable to be removed from the approved list. No person shall be employed as extra clerk after he attains the age of 60 years. The experienced extra clerk may be absorbed in permanent vacancies whenever such vacancies arise according to the existing rules.