Delhi High Court
P. Nalliah vs Union Of India (Uoi) And Ors. on 22 March, 2006
Author: S R Bhat
Bench: S R Bhat
JUDGMENT
S. Ravindra Bhat, J.
1. Issue Rule. Ms. Barkha Babbar, learned counsel waives notice of Rule. With consent of counsel for parties, the petition was heard finally.
2. The petitioner seeks a direction to set aside a memorandum dated 25.7.2005 and also a further direction to respondents to offer and absorb him in a Group-D post.
3. The petitioner was working with the India Investment Centre (hereafter referred to as 'Centre') which had been set up in the year 1960 under the aegis of the Ministry of Finance, Department of Economic Affairs. The petitioner was working for the past 9 years with the Centre. A decision was taken by the Union Cabinet to wind up the Centre and transfer the functioning inter alia of the said Centre to a newly created Ministry of Overseas Indian Affairs.
4. In a similar proceedings disposed off by a direction today (W.P.(C) No. 12119/05), the rights of existing employees in the Centre to claim absorption in the newly created Ministry was considered. It was held that the employment in the Centre did not constitute an employment in a civil post and, therefore, its personnel did not have a right to insist upon the permanent absorption in the newly created Ministry of Overseas Indian Affairs.
5. In this case, the petitioner had, pursuant to a scheme formulated by the Centre, opted for voluntary retirement. He apparently sought to withdraw from the option on 10th May, 2005. By the impugned memorandum, the Centre intimated that his withdrawal was being rejected.
6. During the course of hearing, counsel for the petitioner confined the claim in these proceedings to an appropriate direction that the respondents should offer alternative employment/absorb the petitioner in the one or the other establishment by the Central Government in a Group-D post having regard to his previous service of 9 years in the Centre.
7. Learned counsel for the respondents on the other hand submitted that the petitioner cannot claim any vested right to be absorbed in any post newly created or otherwise en-cadred any one of the Ministries of the Central Government. It is pointed out that 63 posts were created pursuant to the decision of the Cabinet in the Ministry of Overseas Indian Affairs. These posts, however, are to be filled in accordance with the CCS and other applicable rules.
8. The relevant part of the affidavit of the respondents reads as follows:
That 63 posts had been created in Ministry of Overseas Indian Affairs with the concurrence of Ministry of finance and approval of the Cabinet vide sanction letter dated 24.6.2005, after expiry of the date of exercise of option by IIC employees. These posts will be filled from Central Staffing Scheme, Central Secretariat Service (CSS), Central Secretariat Stenographer Services (CSSS) and Central Secretariat Clerical Services (CSCS) as per the normal practice in Central Ministries. The post of peon would be filled by direct recruitment. It has also been decided in consultation with DOPandT that some posts of Section Officers and other lower category posts, which are to be filled on de- centralized basis, may be circulated for being filled by transfer from other Ministries/departments. It is also being considered that in the event of adequate number of personnel not becoming available in these lower category of posts, they may consider eligible persons who were earlier working in Indian Investment Centre, on contract basis for a few months, till posts are filled on regular basis through CSS/CSSS/CSCS. This will be adopted as a contingency plan purely on temporary basis in consultation with DOPandT only, if the first alternative fails. Further no post of electrician has been created in Ministry of Overseas India Affairs as stated by the petitioner in the writ petition. Therefore, considering the above facts the petitioner's request for employment in Ministry of Overseas Indian Affairs is liable to be rejected. The contents of para 13 are denied. It is further submitted that 63 posts have been created in the Ministry of Overseas Indian affairs with the concurrence of Ministry of Finance and the approval of the Cabinet vide sanction letter dated 24.6.2005. That Ministry of Overseas Indian Affairs has now come up with an offer of some jobs to the suitable employees of Indian Investment Centre in Ministry of Overseas Indian Affairs, subject to the following conditions vide D.O. Letter dated 26.7.2005 to the Secretary, Department of Economic Affairs:
(a) These would be de novo, contract appointments, renewable annually but terminable with three months notice;
(b) Ministry of Overseas Indian Affairs would not be concerned with any residuary issues relating to the termination of their employment under Indian Investment Centre and would be indemnified against any liabilities.
(c) Suitability of the former Indian Investment Centre employees would be assessed and offer of an appropriate job would be made only to those who are eligible. A transparent process would be set up for this purpose. It is further submitted that no post of electrician has been created in the Ministry of Overseas Indian Affairs and therefore it would not be possible for the petitioner to be absorbed in the said Ministry. Further the contents of reply to preceding paras especially reply to para 2(iii) and 2(iv) are reiterated.
9. In view of the findings rendered in W.P.(C) No. 12119/05 that employees such as the petitioner do not have any vested right to insist in the employment in newly created post of the Central Government, particularly, the Overseas Ministry, the claim of the petitioner cannot succeed. However, like in the other case, I am of the opinion that the respondents should take steps to give effect to the letter to the Secretary of Department of Economic Affairs by the Ministry of Overseas Indian Affairs with regard to the offering suitable de novo appointment, having regard to the peculiar circumstances, if necessary, and consider the question of relaxation of age of the petitioner in accordance with the rules in any Group-D post. In case, the petitioner is willing to join such post, he may approach the respondent with a representation in that regard within a period of four weeks. The respondent shall take a decision as early as possible on such representation.
10. The writ petition is disposed off in the light of the above orders. No costs.
