Rakesh Dutt Vs. State of U. P. and Others - Court Judgment

Excerpt:
service - appointment of collection amin - rules 5 (as amended in 1992) and 17a of u.p. collection amins' rules, 1972 - petitioner appointed as seasonal collection amin - seniority list for appointment of collection amin prepared by committee constituted by collector - name of petitioner found in seniority list below name of the junior amin - rule 17a provides collector shall prepare a list of seasonal collection amin according to seniority - directions issued to collector for preparation of eligibility list with caution - held, respondent to release salary of petitioner and regularize his service as collection amin. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. teacher employed in the school run by cantonment board being covered under rule 2 (f) of the cantonment fund servants rules, 1937 can file appeal under rules 13, 14 and 15 to authorities provided therein against any order imposing any penalties etc. [deolali cantonment board v usha devidas dongre, 1993 mah. lj 74; 1993 lab ic 1858 overruled]. -- maharashtra employees of private schools (conditions of service) regulations act, 1978 [act no. 3/1978]. sections 9 & 2(21): jurisdiction of school tribunal whether a school run by cantonment board is not a recognised school within the meaning of section 2(21)? - held, the act is enacted to regulate recruitments and conditions of employees in certain private schools and provisions of the act shall apply to all private schools in the state whether receiving any grant-in-aid from the state government or not. private school is defined in section 2(2) of the act as a recognised school established or administered by a management other than the government or a local authority. recognised means recognised by director, the divisional board or state board. thus as far as the first part of the definition of being recognised is concerned, it includes, as stated above, four directors, the divisional boards and four state boards. the second part of this definition which comes after the comma refers to any officer authorised by director or by any of such boards. the question to be examined is whether school run by the cantonment board could be said to be one run by any such boards. a private school has to be recognised by the state or the divisional board or by any officer authorised in that behalf. when this phrase namely: recognised by any officer authorised by the director or by any such boards, is included in the latter part of section 2(21), such boards will be of the level of the state board or the divisional board. the boards referred to in the definition of the word recognised means the boards which deal with education at levels other than that of the level at which primary schools are operating. thus for being recognised, the school has to be recognised by the board and therefore, it has to be operating at a higher level i.e., secondary level. section 2(21) of the act defines the term recognised. the last clause therein is by any of such boards. the term such is defined in oxford dictionary as of the kind or degree indicated or implied by the context. therefore, the term such board will have to mean a divisional board of or the level of divisional board or the state board. the divisional board holds the examination and issues certificates after 10th and 12th standard examinations. the state board advises the state government on policy matters, ensures uniform pattern of secondary and higher secondary education, lays down principles for determining syllabi, prescribes text books, etc. the cantonment board does not discharge any of such duties nor is there any other board or body under the cantonments act discharging any such duties. the duties of the cantonment board are laid down in section 62 and amongst others, clause (xiv) lays down the duties of establishing and maintaining or assisting primary schools only. the cantonment board is not required to enter into the area of secondary education. therefore, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. that being the position, it is not possible to accept it to be a recognised school for being a private school under the act. for the reasons state above, the school tribunal constituted under section 8 of the act cannot entertain appeals filed under section 9 by the employees working in schools which are established and administered by the cantonment board. [deolali cantonment board v usha devidas dongre, 1993 mah.lj 74; 1993 lab ic 1858 overruled]. sudhir narain, j.1. the petitioner seeks writ of mandamus commanding the respondents to permit the petitioner to work as seasonal collection amin and to pay the salary of the petitioner and further to regularise the service of the petitioner as collection amin.2. the version of the petitioner is that he was appointed as seasonal collection amin in the year 1973 and since then he has worked as seasonal collection amin till the year 1994. on 21.5.1995 a seniority list of the seasonal collection amins was prepared by the committee constituted by the collector and in the said seniority list, the name of the petitioner finds place at serial no. 11. on the basis of the aforesaid seniority list, several other candidates were appointed as collection amin in the year 1995-96 who were junior to the petitioner. the petitioner has been ignored. he had collected more than 70 per cent of government dues as directed by the authorities concerned.3. the grievance of the petitioner is that he has not been allowed to function in the year 1997 even as seasonal collection amin. in this respect, the petitioner can make representation and unless there are charges or other cogent reasons, the petitioner should not be deprived of to work as seasonal collection amin, if the work of seasonal collection amin is available.4. as regards the regularization, the claim of the petitioner will be examined keeping in view the provisions of u. p. collection amins' service rules, 1974 as amended from time to time.5. the state government has framed rules for appointment of collection amins known as u. p. collection amins' rules, 1974. the rule was amended from lime to time. the state government issued notification no. 2755 (1) x 22-2-/1/7197/-7, dated 23rd october, 1992 whereby certain amendments in the rules were made which is known as u. p. collection amins' (fifth amendment) rules, 1992. the amended rule 5 provides the source of recruitment as follows :(1) 15 per cent of the vacancies are to be filled up by promotion of collection peons who were appointed on the substantive vacancies provided they have passed high school examination or examination equivalent to it and secondly they had worked in the revenue department at least for six seasons. (2) 35 per cent of the vacancies are to be filled up by seasonal collection amins by way of selection provided they had worked for four seasons satisfactorily and secondly their age does not exceed 45 years on the date of selection. (3) 50 per cent of the vacancies to be filled up by direct recruitment after due selection. 6. seasonal collection amins, who had worked for minimum four seasons satisfactorily, are entitled to appear for selection. rule 17a provides that the collector shall prepare a list of the seasonal collection amins who had worked satisfactorily for at least four seasons. the list shall be prepared according to seniority. there is an explanation added to it that the work shall be treated as satisfactory if the collection is not less than 70 per cent of the target fixed. the procedure for selection has been provided under rule 18.7. the right of a seasonal collection amin for regularisation was considered in mata deen and others v. state of u. p. and others, (1996) 3 uplbec 2227. the writ petition was disposed of with certain directions. this writ petition is also disposed of with the directions given below :(i) an eligibility list of seasonal collection amins, who are found eligible under rule 5 (1) of the amended rules shall be prepared by the concerned collector of the district on the basis of seniority (service period) at the district level in accordance with rule 17-ka. (ii) 35 per cent of the total vacancies shall be filled from amongst seasonal collection amins in accordance with rules 5 and 17ka of the amended rules and also in accordance with other provisions of the rules. (iii) a select-list shall be published of the candidates so selected and they shall be allocated to different tahsils of the district according to the vacancies at tahsil level and then the concerned sub-divisional officer shall issue appointment orders of the selected candidates so allocated to their respective tahsils. (iv) the collector shall appoint a selection committee which shall consider the names of the persons in the seniority list and recommend for the names for appointment taking into consideration the principle of seniority subject to rejection of unfit. (v) till the availability of the selected candidates in accordance with law, the petitioner shall not be disturbed from his post unless there are reasons not to take work from him. 8. in case the petitioner makes representation along with certified copy of this order and a true copy of the writ petition before the collector, chhatrapati sahuji maharaj nagar, that shall be disposed of within two months from the date of making the representation.9. the writ petition is disposed of with the directions given above.