STATE OF UTTAR PRADESH Vs. CHANDRA PRAKASH PANDEY

JUDGEMENT

(1.) Leave granted in SLP (C) No. 15849 of 1993.

(2.) The question involved in these appeals in whether Kurk Amins appointed on commission basis by different District Magistrates/Collectors within the State of Uttar Pradesh for realisation of outstanding dues of the various Co-operative Societies as arrears of land ervenue can be treated to be employees of the State Government holding civil Post under the State of Uttar Pradesh within the meaning of Article 311 of the Constitution of India inasmuch as they are entitled to a scale of pay which is payable to Kurk Amins appointed in the Revenue Department.

(3.) The short facts are that the Registrar, Co-operative Societies, Uttar Pradesh framed a scheme on 8-5-1978 for appointment of Kurk Amins throughout the State by the concerned District Collector for realisation of outstanding dues of the Co-operative Societies as land revenue and their salary and conditions of service were also prescribed. Pursuant to the said scheme, Kurk Amins were appointed in different Districts of the State. Subsequently, it transpired that such Kurk Amins were not recovering sufficient outstanding dues to meet even payment of salary to them. Therefore, they were asked to work on commission basis. Those kurk Amins who agreed to work on commission basis were retained in service whereas services of others were terminated, which led to filing of a writ application before the Allahabad High Court by one Ram Bihari Misra giving rise to CMWP No. 738/1980 claiming therein that he was regular employee as such his services could not have been terminated. Similarly situated persons also filed other writ applications in the same year. All the writ applications were heard and disposed of by a Division Bench of the High Court on 16-11-1985 whereby orders of termination of the writ petitioners were quashed and it was held that they were Government servants as such their services could not have been terminated otherwise than in accordance with the procedure prescribed under law.