Manoj Kumar and Others vs State of Himachal Pradesh and Others

Rajiv Sharma, J.

The petitioner No. 1 was appointed as Store Incharge and petitioner was appointed as Accountant in the Palampur Cooperative Marketing Federation Limited. It was running into losses. It was put under liquidation in the year 2003. The State Government has taken a decision vide Annexure P-1 for adjustment of staff of the District Federations and other cooperative Institutions. The Registrar, Co-operative Societies, has sent a communication to all the Asstt. Registrars, Co-operative Societies and the Managing Directors/Secretaries, The Apex/Distt. Co-operatives, M and C Federation Ltd., vide Annexure P-2, informing them that a decision has been taken by the Government that whenever H.P. State Civil Supplies Corporation needs recruitment of new staff, they should meet their requirement as far as possible under rules out of the surplus staff available with the Co-op. Institutions. The government has taken a conscious decision vide notification dated 8.1.2007 of winding up the Fish Federation, Bilaspur and adjusting its 22 employees vide Annexure P-3. Thereafter, the employees of the Fish Federation, Bilaspur, were adjusted in the Department of Fisheries vide order dated 31.7.2007.

The H.P. State Civil Supplies Corporation, issued an advertisement dated 17.2.2009, as per Annexure P-5 for filling up various ministerial posts. The petitioners were not considered. They had already made a representation to the Managing Director of the H.P. State Civil Supplies Corporation. They approached this Court by way of CWP No. 1973 of 2009. It was decided by this Court on 9.1.2012, whereby the Managing Director was directed to decide the representation dated 8.1.2007. He rejected the same vide order dated 28.4.2012. Hence, this petition.

Mr. Neel Kamal Sharma, Advocate, has vehemently argued that on the basis of various letters issued by the Government, the case of the petitioners should have been considered either in H.P. Civil Supply Corporation or in the other departments of the State Government. On the other hand, Mr. Pramod Thakur, Addl. Advocate General and Ms. Bhawna Dutta, Advocate have argued that the petitioners, being employees of the District Federation, cannot be adjusted in the H.P. State Civil Supplies Corporation or in the departments of State Government.

It is evident from Annexure P-1 that a conscious decision has been taken by the State Government to adjust the staff of District Federations and other Co-operative Institutions which were over burdened with surplus staff. The Registrar Co-operative Societies, has also informed all the Asstt. Registrars of the Co-operative Societies and the Managing Directors/Secretaries, The Apex/Distt. Co-operatives, M and C Federation Ltd., vide Annexure P-2, that surplus staff can be adjusted in H.P. State Civil Supplies Corporation.

Mr. Pramod Thakur, Addl. Advocate General, has argued that the letters issued vide Annexures P-1 and P-2 stood superseded vide letter dated 17.11.1997 vide Annexure R-2A. There is no merit in the contention of Mr. Parmod Thakur, learned Addl. AG that the instructions issued in the year 1989 have been superseded for the simple reason that the employees of the Fish Federation, Bilaspur, have been adjusted on 31.7.2007 in the Department of Government and the petitioners were also entitled to the same treatment.

Annexure P-1 issued in the year 1989 has not been superseded as per annexure R-2A. There is no reference even to this letter in Annexure R-2A dated 17.11.1997. However, to the contrary, there is letter R-2B dated 7.4.1998, whereby it is specifically stated that as and when the quota of posts is filled through direct recruitment, the surplus staff with the Distt. Federations may also be considered against the quota and the candidates amongst the staff may be taken strictly as per the desired qualification but they be given relaxation in age upto 45 years or as admissible for the surplus employees of Boards/Corporations. This letter was addressed to the Managing Director, H.P. State Civil Supplies Corporation Ltd. It was also stated in the communication that the list of the staff with other District Federations would be forwarded to him as and when the request is received in that department from the Corporation. However, the fact of the matter is that the respondent-State has taken a conscious decision whereby the Fish Federation Bilaspur was wound up vide notification dated 8.1.2007 and the employees of the Fish Federation, Bilaspur were adjusted in H.P. Fisheries Department. The respondents have discriminated against the petitioners.

The Federation where the petitioners are working was put under liquidation in the year 2003 and despite that petitioners were not adjusted either in H.P. State Civil Supplies Corporation as per Annexures P-1 and P-2 or any other department of the State Government and the employees of the Fish Federation, Bilaspur have been adjusted on 8.1.2007. In annexure P-7, it is stated that in future, if any, vacant post meant for direct recruitment are to be filled up from the surplus pool maintained by the Department of Finance, to the Government of H.P., the list of surplus pool will be obtained from the Department of Finance to the Government of H.P. accordingly. If any, surplus staff of the District Federation and other Cooperative Institutions are conveyed by the Director, Institutional of Finance, to the Government of H.P., the procedure of direct recruitment with regard to their eligibility as per the service bye-laws and Recruitment and Promotion Rules of the Corporation will be considered alongwith their personal interview for adjudging their suitability as has already been done during 1999. In view of this also, the Department of Finance was required to prepare the list of surplus staff of District Federations for being forwarded to the H.P. State Civil Supplies Corporation. The action of the respondents of not adjusting the petitioners after the Federation in which they were working has been put under liquidation is arbitrary and unreasonable.

Accordingly, the Writ Petition is allowed. Annexure P-7 dated 28.4.2012 is quashed and set aside. The respondent-State is directed to adjust the petitioners also at par with the employees of the Fish Federation, Bilaspur, within a period of 8 weeks from today. Pending application(s), if any, shall stand disposed of.