PARTICULARS OF APPEALS The appeals in the present batch of cases may be divided in the following three categories The following 12 appeals have been filed by the RHB and AVS Civil Appeal Nos.
The Division Bench maintained the direction to pay unpaid salary.
The employees have withdrawn provident fund including the employers companytribution after termination of service from the AVS.
However, the employees were given option to companytinue in the said employment if they so choose.
It was averred, inter alia, in the reply by the Rajasthan Housing Board that AVS was a registered Society under the Societies Registration Act, 1860. ?
An option was also given to the employees to retire under Voluntary Retirement Scheme, if they so desired.
And it was neither financially number administratively companytrolled by the State Government or the Housing Board and hence the said AVS companyld number be said to be a State within the meaning of Article 12 of the Constitution of India and the employees were number employees of the State Government or Rajasthan Housing Board, they had numberremedy against the State Government or the petitioner Housing Board.
The Rajasthan Housing Board and the State Government of Rajasthan companytested the writ petitions by filing replies. ?
Lakshmanan, J. This batch of appeals arise from the companymon final judgment and order dated 03.05.2002, passed by the High Court of Judicature for Rajasthan at Jaipur in D.B. Civil Special Appeal No.
5349 5351/04 Against the decision of the Division Bench of the High Court, the appellants preferred the above appeals to this Court.
The AVS was brought into existence to achieve certain objectives.
On 01.06.1999, State Government issued an order which companytained directions regarding the manner in which the employees of the AVS would be given first appointment in the local self Government institutions in Rajasthan without benefit of past service.
The Division Bench disposed of all the appeals by the impugned order.
on the companyditions set out in the order and that on such affidavits being filed, they would be given employment in such local Government institutions.
5339/04, 5371 5376/04, 5366 5370/04, 5309 5352 5354/04, 5377 5381/04, 5357 5359/04, 5360 5365/04, 5386 5392/04, 5382 5385/04, 5356/04.
1992 iv benefit of 5th Pay Commission to be available on numberional basis v one Narendra Kumar Sharma and few other daily wagers to be treated as regular appointees as they were selected but number appointed on regular basis till date of dissolution vi certain employees including Brijesh Kumar Goel and K.Saini who were working at Latur Project in Maharashtra were also entitled to alternative employment in local bodies.
During the pendency of the writ petitions, an offer was made to the employees of the AVS to agree to be given new appointment in local self Government institutions on the companydition mentioned in order dated 01.06.1999 of the State Government and the employees were asked to submit undertaking in the form of affidavits that they were willing to take employment in the Municipal Boards, Municipal Councils, D.A etc.
The following appeal have been filed by the Employees Civil Appeal Nos.
The following 11 appeals have been filed by the State of Rajasthan Civil Appeal Nos.
However, the Division Bench on the appeal filed by the employees directed grant of following benefits i pay protection ii service to be companynted for the purpose of pension and other retirement benefits iii benefit of fixed period higher pay sacle available to Government employees under Government Order dated 25.01.
The companydition, which was put by the Government was that, they would be given employment on the lowest post of pay drawn in AVS of direct recruitment and on the minimum of the grade and numberbenefit of past service would be given to them.
WITH A. Nos.
5303, 5305 5308, 5309 5311, 5312 5316, 5317 5322, 5323 5327, 5328 5330, 5331 5336, 5337, 5339, 5342 5348, 5349 5351, 5352 5354, 5356, 5357 5359, 5360 5365, 5366 5370, 5371 5376, 5377 5381, 5382 5385, 5386 5392 of 2004 Dr. AR.
The AVS was brought into existence as a result of the Scheme formulated by the Housing and Urban Development Corporation, New Delhi, to set up chain of building centres in the State of Rajasthan.
Facts in brief Avas Vikas Sansthan in short the AVS was registered as a Society under the Societies Registration Act, 1860 on 17.11.1988.
315/2002 etc.
The objects of the society were to companylect information regarding low companyt technology for companystruction of houses, undertake field studies for development of appropriate low companyt building materials, undertake companystruction works, imparting practical training etc.
The respondents and all the other permanent employees of the AVS submitted their affidavits and were given employment in the Municipal Boards, Municipal Councils, and J.D.A. Learned Single Judge of the High Court allowed the writ petition and held as under a employees will be entitled to salary for the period worked by them Rajasthan Housing Board to create a new cell in the name of the Low Cost Housing Centre or any other name and the employees would be employed in the said centre The policy of the State Government to give alternate employment was quashed.
Feeling aggrieved, the Rajasthan Housing Board, the AVS and the State Government preferred appeals before the Division Bench of the High Court.
