The High Court was of the view that from time to time the authorities decided to companysider the cases for absorption appointment of 1991 retrenched census employees at the same pattern on which the other retrenched census employees were absorbed.
The High Court has also referred to the orders passed in other writ petitions relating to retrenched employees of 1971 and 1981 census wherein directions were issued to the State Government to companysider the cases of retrenched employees of 1971 and 1981 census for employment under the State.
Thereafter the Secretary to the Government of Bihar, Department of Personnel and Administrative Reforms, Special Retrenchment Cell, addressed a letter dated September 19, 1922 to all the Divisional Commissioners and District Magistrates wherein he dealt with the matter of absorption of the retrenched employees from census office of Government of India.
Feeling aggrieved by the said companymunication dated September 2, 1992, a number of retrenched employees of 1991 census operations filed writ petitioner in the Patna High Court for quashing the letter dated September 2, 1992 and for a direction to the State Government of Bihar to absorb them against existing vacancies available in different departments under the State Government.
The High Court has directed the State Government to companysider the cases of the retrenched census employees hereinafter referred to as the petitioners who had filed the writ petitions before the High Court for their absorption along with others at the time of regular appointment against suitable posts and that they should be given preference, if they are otherwise eligible for such appointment, and in case they are found over age, age relaxation equivalent to the period they have served in the Census Department, can also be provided, but such Consideration shall be strictly in accordance with inter se seniority of the retrenched employees of that year.
A companyy of the letter No.
Feeling aggrieved by the said judgments of the High Court, the State of Bihar has filed these appeals.
In companynection with the said census operations Class III and Class IV employees are employed as Supervisors, Checkers, Compilers, etc.
By the said Memo it was directed that the necessary steps betaken in accordance with the rules by giving priority relaxation to the retrenched employees who were employed in companynection with 1991 census operations as per the directions of the Directorate General of Employment and Training on the receipt of the list of such retrenched employees from the Directorate of Census and its subordinate offices.
Shri Vasudev Prasad has placed strong reliance on Memo dated October 18, 1993 from the Directorate of Employment and Training, Government of Bihar, addressed to all the Officers in charge of Employment Exchanges in the State of Bihar.
261 dated September 2, 1992 sent to the Registrar General and Census Commissioner of the Government of India was also enclosed for information.
In the said letter it is stated that the State Government had received a request from the Registrar Genera and Census Commissioner of the Government of India, regarding absorption of the employees who were in census offices of Government of India for census operation, 1991 and that the State Government having fully companysidered the case and has taken this decision, that it is number possible for the State Government to assimilate the retrenched employees of the census offices of the Government of India, because in different offices of the State Government itself there is an excess number of both retrenched and surplus employees waiting for readjustment.
In the said letter the Commissioner has made a reference to the earlier letter dated May 5, 1987 from the Chief Secretary companytaining instructions regarding adjustment of retrenched census employees of 1981 census and has stated that those employees have been absorbed in the regional offices.
By the said letter it was directed that arrangement should be made to appoint these retrenched employees against vacant posts by giving them priority in keeping with their individual qualification and merit and that the District Magistrate should get prepared panel of such Class, III IV employees who had been retrenched from census operations office and preserve the same with them so that in future as and when vacancy companyes up he would fill up the post by appointing persons from this panel.
The letter dated April 7/8, 1982 from the Chief Secretary to all the Departments of the Government as well as the Head of Departments and District Magistrates relates to appointment of retrenched employees of the census operation offices in the State in Government offices.
The said Memo related to priorities relaxation in the matter of appointment of retrenched employees of the regional census offices in the State of Bihar and makes a reference to letter of January 1993 received from the Directorate General of Employment and Training, New Delhi.
The said writ petitions have been allowed by the High Court by the impugned judgments dated February 18, 1994 and March 9, 1994.
The said letter dated September 29, 1992 deals with absorption of retrenchment surplus staff of the State Government and it does number relate to retrenched employees of 1991 census operations which matter was specifically dealt with in the earlier letter dated September 19, 1992.
The said Memo only companytains directions for the Officers in charge of Employment Exchanges to take steps according to the rules for giving priority relaxation in the matter of registering and sponsoring the names of the retrenched employees of 1991 census operations in the matter of appointment in the Government services undertakings.
The High Court has proceeded on the basis that the Government of Bihar in its Cabinet meeting held on January 8, 1973 took a policy decision to provide employment by absorbing retrenched census employees and that the said policy decisions was reiterated through various executive instructions of the State Government companytained in letters dated April 7, 1982, May 14, 1985, February 14, 1986, May 5, 1987 and August 19, 1987.
After the companypetition of the census operations the services of these employees are terminated.
There is numberhing in the said letter to indicate that the Government of Bihar had given a companymitment regarding absorption of the retrenched, census employees of 1991 census operations in the service of the State Government.
Shri Vasudev Prasad has also invited our attention to the advertisement dated April 21, 1993 published in the newspaper Hindustan dated May 17, 1993 issued By the District Employment Officer, Purnea, whereby applications were invited for appointment on Grade IV posts in the District Collectorate, Kishanganj and other district level offices of the State Government.
The High Court has referred to letter dated July 23, 1992 from the Commissioner, Saharsa Division, and the letter of the Secretary to the Government of Bihar dated September 29, 1992 addressed to all the Commissioners.
It appears that by letter dated March 4, 1992, the Director, Census Operations, Bihar, had made a request for absorption of retrenched census employees of 1991 and the Regional Census Employees Union, Saharsa Division, were also submitting a demand regarding employment of retrenched census employees of 1991 census By his letter dated July 23, 1992, addressed to the Chief Secretary to the Government of Bihar, the Commissioner, Saharsa Division sought directions about the decision of the State Government in this regard.
Demands have been raised from time to time by such retrenched census employees for their absorption in service in the Central Government or in the State Government.
By his letter dated December 26, 1991, the Registrar General and Census Commissioner, Government of India, requested the Chief Secretaries of the States to extend whatever assistance the State Government companyld provide in absorbing in the State Governments own offices as well as in the undertakings the temporary staff appointed in companynection with the census work when the Regional Tabulation Offices which have been set up in the States Union Territories are wound up in.
in companynection with 1991 census operations and after the companypletion of the Census operations their services were terminated.
In the said letter it is stated that work in Bihar Tabulation Offices which were opened in different parts of the State under the census operation office has number been companypleted and the employees on account of the retrenchment of their services were facing problems of unemployment.
The letter dated September 29, 1992 from the Secretary to the Government of Bihar, Department of Personnel and Administrative Reforms, Special Retrenchment Cell, addressed to all Divisional Commissioners and District Magistrates referred to by the High Court was number sent in reference to letter of the Commissioner, Saharsa Division, dated July 23, 1992.
The Secretary to the Government of Bihar, Department of Personnel and Administrative Reforms, by his letter dated September 2, 1992, informed the Registrar General and Census Commissioner that the number of retrenched find surplus employees of the different offices of the State Government are excessive and they are waiting for being adjusted in the Government service but till number it has number been possible to give them a berth and in the circumstances it would number be possible for the State Government to absorb the retrenched census employees of the Government of India in its offices.
Similar appointments were made on the posts of Supervisors, Checkers, Compilers, etc.
The census operations are companyducted by the Government of India in accordance with the provisions of the Census Act, 1948 after an interval of 10 years.
C. Agarwal, J. The question that falls for companysideration in these appeals is whether Class III and Class IV employees who were employed in companynection with census operation of 1991 in the State of Bihar and whose services have been terminated after the companypletion of the census work are entitled to seek absorption in service under the Government of Bihar.
