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Written submissions (in brief) should be submitted by learned counsel by July 13,1994 Ratio |
The Contempt Petition Nos.65,100 and 126 of 1992 arise out of the judgment of this Court in Keshav Chandra Joshi v Ratio |
Union of India' 1990 Indlaw SC 270 in which this Court had directed to determine inter se seniority of the direct recruits and promotee Asstt Ratio |
Conservators,Forests,U.P.rendered on November 6,1990.It would appear that at present there are 215 direct recruits and 100 promotee Asstt Ratio |
Conservators,Forest working in the forest department Ratio |
In K.C.Joshi case' it was concluded that the promotees were appointed on ad hoc basis as a stop-gap arrangement in 7ubstantive posts PRE |
Their appointments were dehors the rules PRE |
Until they are appointed by the Governor according to the rules,they do not become the members of the service in a substantive capacity PRE |
Their continuous length of ad hoc service from the date of their initial appointment cannot be counted towards seniority PRE |
The direct recruits were appointed in accordance with Rule 5(a) read with Appendix A of U.P.Forest Service Rules,1952 for short 'the Rules'.Their seniority shall be counted from the date of their discharging duties of the post of Asstt PRE |
Conservators,Forest and the seniority of direct recruits shall accordingly be fixed PRE |
The Governor was directed to make appointment by promotion to substantive vacancies to the post of Asstt PRE |
Conservators,Forest,if not already made,in accordance with Rule 5(b) read with Appendix B and Rule 6 PRE |
We are informed that till date no appointments in terms thereof have been made Ratio |
The seniority of the promotee Asstt Ratio |
Conservators,Forest shall be counted from the respective dates of appointment to the substantive posts in their quota under Rule 6 of the rules Ratio |
The inter se seniority of the direct recruits and promotees shall be determined in accordance with Rules 5,6 and 24 as per the judgment in K.C.Joshi case'.All the employees are entitled to all consequential benefits Ratio |
Later when Raj Narayan Singh and others filed Writ Petition (Civil FAC |
No.641 of 1991,this Court on June 6,1991 directed to convert the writ petition as a contempt case for non-implementation of the direction issued in K.C.Joshi case' which was numbered as Contempt Petition No.164 of 1971.When FAC |
it came up for hearing on August FAC |
23,1991,this Court observed thus : "We are told by the counsel for the State of U.P.that for the purpose of working out the seniority draft list has been prepared and was in circulation inviting objections FAC |
The petitioners therein had not filed any objection,despite giving time,but it was directed that the State would consider their cases even if they make any representation FAC |
In the light of that stand while dismissing the contempt petition,this Court directed the Sate Government to dispose of the matter on the basis of the representation that may be received from the petitioners therein against the draft seniority list within six months from that date FAC |
In these contempt petitions the promotees as well as some of the subsequent direct recruits complain against fixation of their inter se seniority by the State Government FAC |
Shri R.K.Garg for the promotees contended that as on August 31,1982 selection of the promotees on regular basis to fill up the posts of Asstt ARG |
Conservator,Forest for the years 1973-74 to 1979-80 had taken place by a regularly constituted selection committee which selected 140 candidates for appointment ARG |
Therefore,they are entitled to the seniority from the respective years ARG |
It is also contended that the promotees are entitled,in terms of the judgment in K.C.Joshi case' for appointment by promotion to substantive vacancies within their quota in the respective years and that therefore,their seniority should be counted from the years in which they started discharging their duties as Asstt AR... |
Conservators,Forest,as they were initially appointed to the substantive vacancies ARG |
Shri Verma appearing for some of the later direct recruits,contended that the direct recruits were appointed to the substantive vacancies as held in K.C.Joshi case' and their seniority was fixed in the judgment from the date on which they started discharging the duties of the post as Asstt ARG |
Conservators,Forest ARG |
Treating them to be temporary as shown in the seniority list prepared by the State is in utter contempt of the directions in Joshi case1 ARG |
In the rejoinder the promotees have stated that as on December 31,1974 a total number of 140 posts of Asstt Ratio |
Conservators,Forest were available and their quota as per the existing rules was 25 per cent Ratio |
As on December 1,1980,186 posts,namely,140 and 46 posts created during the period were available Ratio |
As per the ratio,the promotees are entitled to 33 1/3,per cent quota Ratio |
As on March 11,1985,32 more posts were created and the total posts available were 218.On Ratio |
December 1,1986,40 more posts were created Ratio |
Therefore,as on March II,1985,the total posts available were Ratio |
258.On March 1,1985,the quota was increased by 50 per cent Ratio |
The promotees,therefore,are entitled to 50 per cent of the posts Ratio |
As in the year 1990,72 more posts were created and the total posts are now 330.Therefore,they are entitled to 50 per cent of the quota in the tentative list Ratio |
But that was not done Ratio |
Thereby,the action of the State is in defiance of the direction issued by this Court Ratio |
In the counter-affidavit filed by the State it is stated that as on December 1,1980 both permanent and temporary posts were 131.As on February 12,1986,203 posts were existing ARG |
The permanent posts are 102 and temporary posts are 173 and the total would come to 275.As per Rules 5 and 24 only permanent posts should be counted as substantive posts and temporary posts cannot be counted for fixation of the seniority ARG |
It is further contended that though decision was taken to give 50 per cent quota to the promotees,the statutory rules have not been made ARG |
Therefore,they are entitled to only 33 1/3 per cent quota ARG |
Since the seniority,as per the direction of this Court,was made only to substantive posts,some of the direct recruits became temporary direct recruits and the seniority was determined accordingly ARG |
In the light of the respective contentions,the question arises whether the determination of the seniority is in accordance with the directions issued by this Court ARG |
In the light of the background scenario,we cannot strictly take it to be a case of contempt but in working out the directions issued by this Court,the State Government committed a mistake in law ARG |
We have to consider,therefore,whether the procedure adopted by the Sate to determine the inter se seniority is in accordance with the rules and the law laid down in K.C Joshi case ARG |
The directions issued in K.C Joshi case' have already been extracted and their need to reiterate is obviated Ratio |
From the averments it would appear that 100 promotee Asstt Ratio |
Conservators,Forest are awaiting appointment to substantive vacancies Ratio |
The total number of direct recruits appears to be 215.Prior to December 31,1974,the quota was 75 per cent to the direct recruits and 25 per cent to the promotees Ratio |
Similarly as on January 1,1975,the ratio was increased to 33 1/3 per cent,namely,66 2/3 per cent to the direct recruits and 33 1/3 per cent to the promotees Ratio |
Indisputably a decision was taken on March 1,1975 to increase the quota to 50 per cent but no amendment to the statutory rules to give effect to it was made Ratio |
Therefore,the operative rule as on that date appears to be 33 1/3 per cent in respect of promotees Ratio |
Therefore,the procedure to be adopted by the State in fixing the inter se seniority of the direct recruits and the promotees in their respective quota is the sole question Ratio |
There is no rota prescribed in the rules Ratio |
Therefore,the State is enjoined to implement the judgment of this Court in the light of the statutory rules Ratio |
It is clear from the counter-affidavit filed by the State that the posts are both permanent and temporary Ratio |
If the temporary posts are likely to continue for long,normally,as per the law laid down by this Court,they be treated,for the purpose of counting seniority,as permanent posts unless they are likely to be abolished Ratio |
It is a policy matter Ratio |
Therefore,the State has to determine whether the posts are likely to be made permanent or abolished Ratio |
In the event of converting them as permanent under Rule 24,the quota prescribed in Rule 6 would be applied to substantive posts Ratio |
The seniority shall be determined in accordance with the quota rule to the posts available in the respective years in which the vacancies had arisen otherwise existing substantive posts should be filled up applying Rule 6.It is,therefore,incumbent upon the State Government to find out how many vacancies were existing i... |
On so determining,the direct recruits would go en block as seniors to the promotees and the promotee officers in the order of their inter se seniority be appointed by the Governor under Rule 5(b) read with Rule 6 and would be placed below the direct recruits Ratio |
Similar exercise for each year in which the substantive vacancies had arisen should be done Ratio |
The officers,he they direct recruits or promotees would rank below the juniormost officer in the list of the previous year Ratio |
After this exercise is exhausted; appointments should be made; posts are to be filled up to substantive vacancies Ratio |
It would be open to the State Government to fix tentatively the inter se seniority in the temporary posts according to the ratio between the direct recruits and the promotees in the same manner of filling the substantive posts as indicated above RPC |
As and when the temporary posts are converted either into permanent posts or the vacancies arise due to superannuation of the senior officers,they should be fixed in the respective vacancies and fitment made RPC |
After exhausting the exercise the remaining candidates awaiting appointment would continue to be temporary until they get due placement or fixation of their seniority RPC |
These directions would meet the exigencies Ratio |
The State Government is directed to undertake fresh exercise in the light of the above directions and complete the same within a period of four months from the date of the receipt of the order RPC |
The contempt petitions are accordingly disposed of RPC |
Petition disposed of RPC |
Twelve accused persons were tried for offences under Section 302,307/149,324,147,148 and Section 3 of Terrorist and Disruptive Activites FAC |
Prevention) Act,1987 (hereinafter referred to as 'TADA') by the learned Designated Judge,Pune FAC |
Out of the said twelve accused,6 accused were acquitted of all the charges while the five appellants herein,namely,Bonkya alias Bharat Shivaji Mane (A-5),Mandu Baliba Dombe (A-8),Ashok Baloba Dombe (A-9),Ranjar Bhausaheb Dombe (A-10) and Kaka alias Pandurang Baloba Dombe (A-11) were convicted for offences under Section... |
10 years RI and a fine of Rs.5,000/-each for the offence under Section 307/149 IPC; 2 years RI for the offence under Section 324/149 IPC and life imprisonment and fine of Rs.5,000/-each for the offence under Section 3 of TADA.In default of payment of fine on each of the counts,the appellants were to undergo further RI ... |
The substantive sentences of imprisonment were however directed to run concurrently FAC |
One accused died during the pendency of the trial FAC |
Through this appeal under Section 19 of TADA,the appellants have called in question their conviction and sentence Ratio |
For the sake of convenience the accused shall be referred to hereinafter by the number assigned to them in the Trial Court judgment as accused i.e.(A-5,A-8,A-10 etc FAC |
According to the prosecution case on 11th August,1990 at about 3.00 p.m FAC |
Anna Shety Band Patte,Mukesh,Ramesh and Prakash Band Patte had gone to the Vrindavan video parlour for watching a movie FAC |
The accused A-6,A-10 and A-11 alongwith one other person were also present at the video parlour FAC |
There was an altercation between the accused and the complainant party when the leg of Kaka Dombe (A-11) dashed against the leg of Anna Shety Band Patte FAC |
PW.Both the prosecution witnesses as well as FAC |
the accused party left the video parlour threatening each other FAC |
The complainant party went towards Jagdamba Hotel owned by Waman Band Patte PW.At that time Baban Karpe,Bajrang Band Patte,Sanjay Mane,Ramesh Pawar were also present near the hotel FAC |
At about 4.00 p.m.,the appellants and other accused persons allegedly armed with swords,satturs and sticks arrived there in two auto-rickshaws and one jeep FAC |
Out of the accused A-5,A-6,A-8,A-10 and A-11 were carrying swords while A-7 and A-9 had satturs and the remaining accused were armed with sticks FAC |
On the arrival of accused party Anna Shetty ran away FAC |
Appellants A-5,A-10 and A-11 thereafter assaulted Bajrang Band Patte (PW-14) on his head in front of the hotel FAC |
They also assaulted Baban Karpe (PW-9) and Popat deceased,who had run away to the Math,after chasing them in the auto rickshaws and the jeep FAC |
It is alleged that A-5,A-10 and A-11 assaulted Popat deceased with the swords on his head and thighs and when Baban tried to intervene he was also assaulted and he received a blow with the sattur near his knee FAC |
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