HIGH COURT OF JUDICATURE AT ALLAHABAD
Judgment reserved on 8.3.2011
Judgment delivered on 18.4.2011
SPECIAL APPEAL NO. 1283 OF 2010
Anil Kumar Dubey & anr vs State of U.P. & others
AND
SPECIAL APPEAL NO. 1902 OF 2008
Rishikant Sharma vs State of U.P. & others
Hon'ble Sunil Ambwani, J.
Hon'ble Kashi Nath Pandey, J.
1. We have heard Shri Shashi Nandan assisted by Shri Udyan Nandan for the petitioners-appellants. Learned Standing Counsel appears for the State respondents. Shri Vivek Verma appears for Nagar Nigam, Varanasi.
2. Shri Anil Kumar Dubey and Shri Sunil Kumar Srivastava-the petitioners-appellants in Special Appeal No. 1283 of 2010, and Shri Rishikant Sharma-the petitioner-appellant in Special Appeal No. 1902 of 2008, were appointed as Vaccinator in Nagar Mahapalika, Varanasi (now Nagar Nigam, Varanasi). Their services were terminated in January, 1997 by the Mukhya Nagar Adhikari, Nagar Nigam, Varanasi on the grounds that they were appointed after issuance of the Government Order dated 6.7.1983, by which the State Government had given directions, that no one should be appointed in the scheme on the posts, which were created for appointment as 'Multi-Purpose Workers'. The Writ Petition No. 2174 of 1997 filed by Shri Sunil Kumar Srivastava and another, and Writ Petition No. 5297 of 1997 filed by Shri Rishikant Sharma against the State of UP and the Nagar Nigam, Varanasi, were dismissed by learned Single Judge, giving rise to intra-court appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.
3. Brief facts giving rise to the writ petitions are that Shri Sunil Kumar Srivastava was appointed as Paid Apprentice Vaccinator on 18.12.1984 for a period of three months, which was twice extended. He was appointed on adhoc basis w.e.f. 3.10.1985 with one of the conditions that his services can be terminated at any time without prior notice. On the recommendations of the Selection Committee, he was promoted and appointed on the post of Vaccinator on ad-hoc basis w.e.f. 24.3.1988.
4. Shri Anil Kumar Dubey was appointed as Paid Apprentice Vaccinator on 24.3.1988 by the District Health Officer, Nagar Nigam, Varanasi on adhoc basis, on the recommendations of the Selection Committee constituted by the Administrator. He was promoted as Vaccinator by the order dated 23.5.1988.
5. Shri Rishikant Sharma-the petitioner in Writ Petition No. 5297 of 1997 was appointed as Paid Apprentice Vaccinator after his selection by the Selection Committee by the Nagar Swastha Adhikari on 13.6.1988.
6. The proposals were initiated for regularization of the services of all the petitioners. In the process of the regularization of services, the office put up a note on which the Mukhya Nagar Adhikari, Nagar Nigam passed an order on 28.12.1996, that since all the petitioners were appointed after the issuance of the Government Orders dated 6.7.1983 and 28.4.1983, by which the State Government has directed that all the appointments on the post of Vaccinator or promotions may be cancelled, and since these Government Orders were violated, in appointments, their services be terminated. Consequently the Mukhya Nagar Adhikari, by the order dated 28.12.1996, terminated the services of Shri Sunil Kumar Srivastava, and Shri Anil Kumar Dubey on 06.1.1997. The services of Shri Rishikant Sharma were terminated by the order of the Upper Mukhya Nagar Adhikari on 29.1.1997.
7. By an interim order dated 3.2.1997, the operation of the orders, by which the petitioners' services were terminated, was stayed. The petitioners continued to serve as Vaccinators and, were thereafter allowed to work on the post of Sub Registrar, Births and Deaths after seeking approval of the State Government dated 6.7.2007.
8. In the counter affidavit filed by the Nagar Nigam, Varanasi, it was stated that the Nagar Nigam/Nagar Mahapalikas are established under the U.P. Municipal Corporation Adhiniyam, 1959. The services of the non-centralized officers, and employees in Nagar Mahapalika, are regulated by the U.P. Nagar Mahapalika Sewa Niyamawali, 1962. All the posts in the Nagar Mahapalika are sanctioned by creation or abolition by the State Government. The Mukhya Nagar Adhikari under Section 107 (3) can make appointments only after the recommendations of the Selection Committees constituted by the Mukhya Nagar Adhikari, Mukhya Nagar Lekha Adhikshak and Head of the Department concerned. As existed prior to 1994, the Head of Department could make appointments only on the post carrying initial salary of not more than Rs. 180/- per mensem. The petitioners were appointed by the Nagar Swasthya Adhikari, being as Head of the Department. He had no powers to appoint the petitioners in initial salary of Rs. 318/- in 1984 and Rs. 325/- in 1988. Until 1989, there were no elections and as such the Administrator exercised all the powers of appointments. By Government Order dated 10.3.1978, the State Government directed that the selection committee for the post carrying initial pay scale of Rs. 200/- per month must consist of Administrator along with two other officers for a maximum period of temporary appointment under Section 108 for one year only. Under the U.P. Nagar Mahapalika Sewa Niyamawali, 1962 the appointments could be made by Mukhya Nagar Adhikari after preparing list of vacancies on the recommendations of the Selection Committee (Rules 17 to 21).
9. In the counter affidavit, it was further stated that the Nagar Swastha Adhikari was not the appointing authority for Vaccinator which is a dying cadre. The posts of Vaccinator were created for eradication of small pox, which came to an end in the year 1982. The posts are not continuing in the Nagar Nigam and that by Government Order dated 11.3.1976 the entire medical service staff of Nagar Nigam has been directed to work under the Family Planning Scheme. By Government Order dated 25.2.1983 the State Government directed that since all the work of vaccination has stopped from the year 1977, the employees of the Health Department be absorbed as Health Worker under a scheme known as 'Multi-Purpose Workers Scheme', in rural areas in the State service.
10. Learned Single Judge did not accept the arguments advanced by the counsel for the petitioners, that the petitioners were appointed on substantive posts after selections and that they were not given any option to serve as multi-purpose workers. The District Health Officer, Nagar Mahapalika, Varanasi had passed an order on 12.12.1989 designating all vaccinators as ex-officio Deputy Registrars under the Registration of Births and Deaths Rules, and that since thereafter the petitioners are working as Deputy Registrars, Birth and Death. They are performing the duties assigned to them for registration of birth and death. The Nagar Swastha Adhikari as Head of the Department was entitled to make appointments under Section 107 (5) of the UP Municipal Corporations Adhiniyam 1959 on the post of vaccinator. Learned Single Judge found that initially the salary of the Paid Apprentice Vaccinator was Rs. 315/- per month vide Government Order dated 30.12.1981 and thus the Nagar Swastha Adhikari being Head of the Department did not have powers to appoint the petitioners. No selection was made as per statutory provisions. The Nagar Nigam/Nagar Mahapalika could not have acted on their own in the matter of creation or abolition of the posts and for payment of salary. Under Section 106 (5) (i) no posts other than mentioned in the schedule nor any existing post be combined with any other post except with the prior sanction of the Government and on such terms and conditions as Government may specify in that behalf.
11. Learned Single Judge thereafter relied upon the observations of the Supreme Court in State of Karnataka vs. Uma Devi (2006) 4 SCC 1 and State of M.P. Vs. Lalit Kumar Verma (2007) 1 SCC 577 in which the distinction between irregular and illegal appointment emphasized. Where the appointment is made in total disregard of the constitutional scheme as also the recruitment rules framed by the employer, the appointment would be an illegal one; whereas there is substantial compliance with the constitutional scheme, the appointment may be irregular.
12. Learned Single Judge dismissed the writ petitions after holding that at the relevant time the power of appointment was vested in the State Government. The petitioners could not be appointed by Nagar Swastha Adhikari under Section 107 (5) of the Adhiniyam as the post of vaccinator was carrying initial scale of pay of Rs. 315/- in 1984 and Rs. 325/- in 1988. The selection was also not in conformity with the statutory powers under the U.P. Nagar Mahapalika Sewa Niyamawali, 1962 read with Clause-5 of U.P. Nagar Mahapalika Service (Designation, Scales of Pay, Qualifications, Conveyance Allowance and Method of Recruitment) Order 1963. The petitioners did not join under the scheme of multi-purpose workers formulated by the State Government. The petitioners have been appointed on non-existing posts by an authority, who was not competent to appoint them and thus they have no right to hold the post.
13. Shri Shashi Nandan assisted by Shri Udyan Nandan submits that the petitioners were appointed on substantive posts by the selection committees after the approval was given by the Administrator. The post of vaccinator does not belong to the dying cadre. The petitioners' services were not covered by Government Order dated 28.4.1984; the Nagar Swastha Adhikari was competent to appoint the petitioners after their selection by the selection committees with the approval of the Administrator. He submits that large number of vaccinators are working in the Nagar Nigams in the entire State. The appointments made from 1984 to 1988 could not have been cancelled in 1997, without giving any opportunity of hearing to the petitioners.
14. On 05.10.2010, we passed an order in Special Appeal No. 1283 of 2010, directing the State Government to file an affidavit, explaining whether the post of vaccinators in Nagar Nigam were abolished. The order dated 5.10.2010 is quoted as below:-
"In these two Special Appeals, on 8.7.2010 we had grated time to the State Government to file reply within three weeks. Several adjournments have been taken by the learned standing counsel but counter affidavit has not been filed.
The services of the petitioner-appellants as Vaccinator in Nagar Nigam Varanasi were terminated on 6.1.1997 on the ground that by Government Orders dated 28.4.1984 and 6.7.1983 that the posts of Vaccinator have been abolished.
Learned counsel appearing for the petitioner-appellants would submit that the Government Orders dated 28.4.1984 and 6.7.1983 abolishing the posts of Vaccinator were applicable to the Health Department of the State Government, and not to the Vaccinators appointed in Nagar Nigam.
The issue raised in these Special Appeals can be decided only after the State Government files its counter affidavit, and explain as to whether the posts of Vaccinator in Nagar Nigams were also abolished.
Learned standing counsel states that he has sent several letters to the Health Department of the State Government and Director Local Bodies, but they are unable to decide, who has to file the counter affidavit.
We call upon the Secretary, Urban Planning & Development to file his affidavit in the matter, giving correct facts, so that the issues raised before the court may be decided.
List on 26.10.2010.
Let a copy of this order be supplied to the standing counsel, free of cost."
15. A supplementary affidavit of Shri Sunil Kumar Srivastava was filed on behalf of petitioners-appellants alleging that several appointments were made in Nagar Nigam across the State of UP after the year 1982. The seniority list of the vaccinators working in the Nagar Nigam, Lucknow is maintained from which it may be found (Annexure-SA-2) that out of 24 vaccinators serving in Nagar Nigam, Lucknow, the appointments were made from 30.5.1971 to 11.2.2003. In the year 1990, 21 vaccinators were appointed. They are included in the seniority list from Shri R.K. Tripathi at serial No. 11 to Shri Jagdish Babu at serial No. 31. They were all appointed on 17.2.1990. Shri Yogesh Pratap Singh was appointed on 17.9.1995 and Shri Shadab Husain on 11.2.1999. It is submitted that a large number of vaccinators are still working in the Nagar Nigams in the State of UP. By Government Order dated 15.2.1990 the pay scale of vaccinators was revised in the Nagar Mahapalika from Rs. 800/- to Rs. 1150/- making it equivalent to the vaccinators working in the State Government in the pay scale of Rs. 950-1500.
16. Shri Shashi Nandan submits that the Nagar Swastha Adhikari is authorised to make appointments and has annexed an order dated 6.1.2010 passed by the Nagar Swastha Adhikari, and has relied upon a reply given by Nagar Swastha Adhikari, Nagar Nigam, Varanasi dated 6.1.2010 to the journalist admitting that the appointments of petitioners and midwives made by the Nagar Swastha Adhikari and that the records of their appointments are maintained in Nagar Nigam.
17. In compliance with the orders passed by us on 5.10.2010, Shri Alok Ranjan, Principal Secretary, Nagar Vikas Vibhag, Government of U.P. Lucknow filed an affidavit on 09.11.2010 stating in paragraphs 7 to 11 as follows:-
"7. That vide letter dated 25.02.1983, issued on behalf of Director, Health Services and Family Welfare (Rashtriya Chechak Unmulan Karyakram U.P.) had intimated all Nagar Swasthya Nagar Adhikari U.P. alongwith all Chief Medical Officers U.P. regarding irradiation of Chechak from the world and they were directed to stop vaccination pertaining to Chechak. Thus according to contents of said letter dated 25.2.1983 there is no requirement of vaccinator for carrying out the purposes against which they were appointed. The photostate copy of said letter dated 25.02.1983 sent by the Director, Health Services and Family Welfare (Rashtriya Chechak Unmulan Karyakram U.P.) is being filed herewith and is marked as Annexure No.A-1 to this affidavit of compliance contents of those formed the part of present paragraph.
8. That vide letter dated 01.11.2010, issued by the department information pertaining to existence of post of vaccinator after 1982 as well as appointments have been made after 1982 and vaccinator working at present have been sought from all Nagar Ayukt Nagar Nigam, U.P. The photostate copy of said letter dated 01.11.2010 issued on behalf of State Government is being filed herewith and is marked as Annexure N.A-2 to this affidavit of compliance contents of those formed the part of present paragraph.
9. That in response to foresaid letter dated 01.11.2010 of the State Government, the Nagar Ayukt Nagar Nigam Kanpur vide his letter dated 04.11.2010, as well as Nagar Ayukt, Nagar Nigam, Meerut vide his letter dated 01.11.2010 have intimated that after 1982, against the post of vaccinator, no appointment have been made. It is further submitted that the Nagar Ayukt Nagar Nigam, Allahabad vide his letter dated 01.11.2010, has intimated about existence of the post of vaccinator and even after 1982, the employees appointed are working. The photostat copy of said letter dated 04.11.2010, 01.11.2010 of the said Nagar Ayukt, Nagar Nigam, Kanpur, Nagar Nigam, Meerut and Nagar Nigam, Allahabad are being filed herewith collectively and are being marked as Annexure No.A-3 to this affidavit of compliance contents of those formed the part of present paragraph.
10. That information pertaining to the issuances in question are being awaited from other Nagar Nigams concerned and as soon as same are received, same would be intimated to the Hon'ble Court.
11. That after receipts of information from all Nagar Nigams, the appropriate actions would be taken by the State Government and same would be intimated to the Hon'ble Court within a reasonable time granted by the Hon'ble Court."
18. On 09.11.2010, we passed an order in Special Appeal No. 1902 of 2008, as follows:-
"In pursuance to our order dated 26.10.2010, Sri Alok Ranjan, presently posted as Principal Secretary, Nagar Vikas Vibhag, Government of U.P., Lucknow has filed an affidavit stating therein that on 25.2.1983, a letter was issued by the Director, Health Services and Family Welfare (Rashtriya Chechak Unmulan Karyakram U.P.) to all the Nagar Swasthya Nagar Adhikaris in U.P., along with all Chief Medical officers in U.P., regarding eradication of small pox from the World with directions to stop vaccination pertaining to small pox, and according to the said letter, there is no requirement of vaccinator for carrying out the purposes against which they were appointed.
He states that on 1.11.2010, a letter has been issued by the Deputy Secretary of the Department, U.P., to all the Nagar Ayukths, Nagar Nigam, U.P., enquiring about the existence of post of vaccinator after 1982. The Nagar Ayukt, Nagar Nigam Kanpur and Nagar Ayukt, Nagar Nigam, Meerut have informed that after 1982, against the post of vaccinator, no appointments have been made. The Nagar Ayukt, Nagar Nigam, Allahabad, vide his letter dated 1.11.2010 has intimated about the existence of the post of vaccinator.
We are not satisfied with disclosure in the affidavit, as it does not help us in resolving the controversy raised in these Special Appeals.
Under Section 107 (2) and 109, the qualifications and conditions of services of those posts, which may be sanctioned for the Nigar Nigams, have to be fixed by the State Government.
By U.P. Palika (Centralized) Services (23 rd Amendment) Rules 2006, certain posts were brought into centralized services.
The Court would like to ascertain whether the posts of Vaccinator are still existing in the Nagar Nigams, the number of posts sanctioned for the Nagar Nigams including Nagar Nigam, Varanasi for which qualifications and conditions of service have been fixed by the State Government. The number of persons actually working and whether there is any general order, nominating the Vaccinator as Sub Registrar under the Registration of Birth and Death Rules. The State Government may also find out the circumstances under which, the Vaccinators are working in Nagar Nigams Allahabad inspite of order dated 25.2.1983, issued by the Director, Health Services and Family Welfare (Rashtriya Chechak Unmulan Karyakram U.P.) to all the Nagar Swasthya Nagar Adhikari U.P.
Let a detailed affidavit be filed by the Principal Secretary, Nagar Vikas Vibhag, Government of U.P., Lucknow giving the aforesaid details so that the court can take a positive decision with regard to future of these employees. The affidavit will be filed within three weeks.
We hope that we will not have to remind, or may give directions again asking for the presence of Principal Secretary, Nagar Vikas Vibhag in Court.
List on 7.12.2010."
19. In compliance with the order dated 09.11.2010 a supplementary counter affidavit of Shri G.C. Katheria, Deputy Secretary, Nagar Vikas Vibhag, Government of UP, Lucknow has been filed annexing therewith a notification dated 15.5.2008 by which the U.P. Palika (Centralized) Sewa (Twenty Third Amendment) Rules, 2006 published vide notification dated September 13, 2006 were rescinded by the State Government in exercise of its powers under Section 112-A of the U.P. Municipal Corporation Act, 1959 and Section 69-B of the U.P. Municipalities Act, 1916. Consequently, the notification, bringing certain posts into centralized services, was rescinded and thus the post of vaccinator was allowed to continue as non-centralized post. In paragraph-5 of the affidavit a reference has been made to the letter written by the Deputy Secretary, Government of UP to the Standing Counsel, High Court, Allahabad on 05.12.2010 giving the number of sanctioned posts of vaccinators in various Nagar Nigam in the State of UP. A tabular chart of the number of posts of vaccinator, and the number of vaccinators actually working, is given as below:-
Sl. No. Name of Nagar Nigam Number of sanctioned posts of vaccinator/number of vaccinator working 1 Agra 24/04 2 Allahabad 36/13 3 Varanasi 11/03 4 Bareilly 13/02 5 Gorakhpur 05/00 6 Moradabad 00/00 7 Lucknow 49/34 8 Kanpur 22/04 9 Saharanpur 04/00 10 Aligarh 06/02 11 Meerut 12/06 12 Ghaziabad
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13Jhansi 02/00
20. In the same paragraph-5 Shri G.C. Katheria has stated that the State Government has not issued any orders to designate vaccinator as Sub Registrar. He has referred to an order dated 25.2.1983 of the Director, Medical Health and Family Welfare (National Small Pox Eradication Programme) U.P. Lucknow, in which there is a reference of selections for the post of vaccinator in Nagar Nigam, Allahabad. The order refers to eradication of small pox and does not state anything to stop the appointments on the post of vaccinators. It is thereafter stated in the same paragraph that on account of the confusion caused by the Government Order issued by the Health Department, some of the Nagar Nigams did not comply with the orders and that now by a Government Order No. 2699/9-7-10-140 Writ/2010 dated 24.11.2010 in all the local bodies of the State, the cadre of vaccinator has been declared as dying cadre. The Government Order dated 24.11.2010 has been annexed as Annexure No.3 to the supplementary counter affidavit of Shri G.C. Katheria.
21. From the supplementary counter affidavit and the Government Order dated 24.11.2010, we find that the post of vaccinators were sanctioned by the State Government. Right from the beginning there was some confusion regarding the appointments on these posts. The elections were not held in Nagar Nigam, Varanasi, and an Administrator was continuing as Chief Executive Officer of Nagar Mahapalika, Varanasi until 1989. The petitioners were appointed through a selection committee, by the appointment orders issued by the Nagar Swastha Adhikari, with the approval of the Administrator. The Administrator as the Chief Executive Officer, Nagar Nigam did not lack authority to issue orders for appointment on the post of vaccinator. The petitioners continued as vaccinators but since the work of vaccinators was not required on account of eradication of small pox, the Director General, Medical Health and Family Welfare, UP Lucknow by his order dated 25.11.1989 accepted the proposal of the Chief Medical Officer, Varanasi dated 20.10.1989 to allow the vaccinators in Nagar Nigam, Varanasi to serve as nominated Sub Registrars under Section 7 (5) of the Birth and Death Registration Act, 1969. The petitioners were thereafter continuing as nominated Sub Registrars under Section 7 (5) of the Birth and Death Registration Act, 1969.
22. It appears that at the time of the confirmation of the petitioners' services, the office submitted a note referring to Government Order dated 6.7.1983 by which the State Government had taken a decision that on account of eradication of small pox no further appointment should be made on the post of vaccinator and thus the appointments and promotions already made should be cancelled. The establishment clerk in his note dated 28.12.1996 recommended for confirmation of all the 70 employees in the Health Department of Nagar Nigam, except the employees at serial Nos. 69 and 70, who were appointed after the Government Order dated 06.7.1983 as Paid Apprentice Vaccinator and thereafter promoted as vaccinator. The Office Superintendent forwarded the note on 28.12.1996, that the Mukhya Nagar Adhikari accepted the notice on 27.1.1997 in which he also included the name of Shri Rishikant Sharma at serial No. 83 (the petitioner-appellant in the Special Appeal No. 1902 of 2008).
23. The sequence of events, as they have unfolded from the record, would show that the posts of vaccinators were created in the Nagar Nigam on its sanction by the State Government. The Nagar Nigam had appointed vaccinators after constituting selection committees. In Nagar Nigam, Varanasi there was no elected body and that the Administrator was functioning till 1989. On the recommendations of the Administrator, the Nagar Swastha Adhikari appointed petitioners as Paid Apprentice Vaccinators. They were allowed to work as vaccinators and were thereafter designated as Sub Registrars, Births and Deaths, in pursuance to the recommendations of the Chief Medical Officer, Varanasi on 25.11.1989, and approved by the Director General, Medical Health and Family Welfare, UP Lucknow in exercising his statutory powers. The office note for confirmation of the employees of the Health Department did not take into consideration that the posts of vaccinator were sanctioned by the State Government and that apart from petitioners there were several other vaccinators working in Nagar Nigam in the entire State of UP. On 05.12.2010 a total number of 68 vaccinators are working in 13 Nagar Nigams in the State of UP. At Lucknow 34 vacancies are working out of 49 sanctioned posts.
24. The State Government has admitted by its Government Order dated 24.11.2010 issued by the Principal Secretary, Government of UP that since the Medical and Health Department had issued Government Orders dated 06.7.1983and 28.4.1984 not to appoint vaccinators at present, in the absence of any work, the post of vaccinator in local bodies is no longer useful. The State Government has, by the same Government Order dated 24.11.2010, declared the entire cadre of vaccinator as dying cadre and has directed that these posts will come to an end after the persons holding the posts retire.
25. On the aforesaid facts and the decision taken by the State Government on 24.11.2010, we are of the opinion that learned Single Judge was not correct in observing that the petitioners' appointments were not made in accordance with the law. He did not take into consideration that the Nagar Nigam, Varanasi was superseded upto 1989, and that the petitioners' appointments were made with approval of the Administrator, exercising the powers of the Nagar Nigam on the recommendations of the selection committee. The issuance of the appointment orders by the Nagar Swastha Adhikari did not make him the appointing authority and that the orders of appointments could not have been declared as illegal on that ground. The posts of vaccinators continued in Nagar Nigam, and that in exercise of statutory powers the Director General, Medical Health and Family Welfare, Government of UP designated the vaccinator in Nagar Nigam, Varanasi as Sub Registrars under the Births and Deaths Registration Rules, 1969. The office note was incorrectly prepared by the establishment clerk of the Nagar Nigam, Varanasi. The Nagar Swastha Adhikari did not apply his mind and relied upon a Government Order, which was issued much prior to the appointments of the petitioners in dispensing with their services. The petitioners-appellants were not given any notice or opportunity of hearing before terminating their services, to explain the validity of their appointments.
26. The Special Appeals are allowed. The judgment of learned Single Judge dated 06.7.2007 in Writ Petition No. 2174 of 1997 Sunil Kumar Srivastava and another vs. State of UP & ors, and the judgment dated 01.12.2008 in Writ Petition No. 5297 of 1997 Rishikant Sharma vs. State and others, are set aside. The orders terminating petitioners-appellants' services by the Mukhya Nagar Adhikari, Nagar Nigam, Varanasi dated 6.1.1997 are also set aside. The petitioners were working under the interim orders of learned Single Judge. They did not have any interim orders to protect their services in the Special Appeals. All the petitioners will be taken back with continuity in service, and all consequential benefits including the back wages.
Dt.18.4.2011 RKP/