KHEMCHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner Khemchand was initially employed as a Lower Division Clerk in the office of the Assistant Settlement Officer, Alwar, with effect from October 30, 1954. On March 18, 1955, the petitioner was promoted to the post of Upper Division Clerk in an officiating capacity. Later on, he was promoted as an officiating Upper Division Clerk in charge on January 11, 1957 and with effect from January 1, 1958, he was promoted on the post of Junior Field Inspector, also in an officiating capacity. Subsequently, the petitioner was posted as a Junior Accountant on February 22, 1962 in the same scale of pay as Junior Field Inspector. In the meanwhile, by an order of the Regional Settlement Commissioner, Rajasthan, dated September 2, 1959, the petitioner was declared as a quashi permanent employee on the post of Lower Division Clerk with effect from July 1, 1958 under Rules 3 and 4 of the Central Civil Services (Temporary Service) Rules, 1949.

(2.) AS a result of the studies conducted by the Staff Inspection Unit of the Ministry of Finance, the petitioner and seven other employees of the office of the ASsistant Settlement Commissioner, Rajasthan, were declared surplus in the posts held by them and all such persons were transferred, along with their posts, to the Central (Surplus Staff) Cell, in the Ministry of Home Affairs with effect from February 1, 1970 by an order passed by the ASsistant Settlement Officer (Administration) dated February 6, 1970. It was also mentioned in that order that the petitioner and other officials, who were thus rendered surplus, would be deemed to be on the strength of the surplus cell without their being physically surrendered to the cell. Subsequently, the Income Tax Officer, Headquarters, attached to the Office of the Commissioner of Income-tax, Rajasthan, Jaipur, by his memorandum dated March 7, 1970 (Ex. A-l), made an offer to the petitioner for appointment in a temporary vacancy of an Upper Division Clerk at Rs. 130/ per mensem in the scale of 1305-108-200 EB-8 280-10300 and such allowances as may be permissible from time to time, on the terms and conditions contained in the aforesaid memorandum. One of the conditions thereof was that the appointment was purely temporary one and the services of the petitioner were liable to be terminated at any time without assigning any reasons. The petitioner was clearly intimated that if he accepted the offer, he may communicate his acceptance and submit a joining report on which, an appointment order would be issued. It appears that the petitioner intimated his willingness to join the post offered to him by the aforesaid memorandum dated March 7, 1970, and submitted a joining report. The Income-tax Officer, Headquarters, thereupon, issued an appointment order (Ex. A-2) dated April 18, 1970 by which, the petitioner was appointed as an Upper Division Clerk in the aforesaid scale in a temporary capacity with effect from March 25, 1970 till further orders and was posted in the office of the Commissioner of Income-tax, Rajasthan Thereafter, on June 2, 1970, the Ministry of Home Affairs, Government of India, issued an order, the relevant part of which is as under : Government of India Ministry of Home Affairs No 4/8/70 - CS III New Delhi the 2 June. 1970 12 Jaistha 1892 Order Of the surplus staff taken on the rolls of the General ( Surplus staff) Cell vide Ministry of Home Affairs Order No. 4/8/70 - CS III. dated 25-2-70, the following persons are transferred to the various offices with effect from the dates shown against their names : - S. No. Name of the officer Office to which transferred Post against which absorbed Date 1. S/s K. C. Gupta Inspecting ASsistant Commissioner of Income-tax Ajmer Range, Ajmer U. D. C. (130-300) 13-3-70 A. N. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sd/- P. L. Gupta Dy. Sey. to the Government of India. "

(3.) THIS memorandum of February 25, 1966 was subsequently amended by the memorandum dated September 24, 1966 to the effect that the post, temporary or permanent held by the surplus employee would be deemed to be transferred to the Central Pool in the same scale of pay and conditions, with effect from the date of transfer and that the duration of the posts so creased in the Central Pool would be six months, unless the incumbents are transferred earlier within that period from the Pool on their placement in regular vacancies elsewhere or allowed to retire on opting for voluntary retirement. Even in the case of permanent employees, the creation of supernumerary posts was envisaged. Subsequently by memorandum dated May 17, 1968, the earlier memorandum of September 24, 1966 was further modified, stress being laid on the point that the duration of the posts created in the Central Pool, in all cases, be for a maximum period of six months, unless the incumbents are transferred from the Pool earlier than that period on their appointment to regular vacancies elsewhere or on their retirement earlier by opting for voluntary retirement. Even in the case of permanent surplus personnel, it was provided in the last mentioned memorandum that their lien would be retained against supernumerary permanent posts created in the Central Pool for the next ensuing six months from the date of their transfer to the Pool and that their lien shall stand terminated on the expiry of that period of six months, even if they are not confirmed in the new posts in which they are employed within that period.