STATE OF MAHARASHTRA Vs. DEORAO
LAWS(SC)-1995-12-21
SUPREME COURT OF INDIA
Decided on December 07,1995

STATE OF MAHARASHTRA Appellant
VERSUS
DEORAO Respondents

JUDGEMENT

- (1.) Delay condoned. Leave granted.
(2.) On 4/9/1995, we issued the following directions: "It is stated by Shri K. Madhava Reddy, learned Senior Counsel appearing for the State that the government had not duly approved the recommendations made by the Committee. But with modifications, certain procedure has been prescribed for absorption of such of those candidates like the respondents appointed in the Forest Department. It is also stated that those two respondents having been found eligible according to the scheme, they have been absorbed. It is brought to our notice that the persons claiming similar reliefs have filed the petitions in the tribunal and also the contempt proceedings against the State for non-implementation. In that situation, the appropriate course would be that the State should file an affidavit by the competent officer enclosing the scheme evolved for workmen. Then we would be in a position to consider the cases and pass appropriate orders. Mr. Madhava Reddy seeks for and is granted four weeks' time for filing the affidavit. It would be open to the counsel appearing in the tribunal to bring this order to the notice of the tribunal and the tribunal would do the needful. List after four weeks. "
(3.) Pursuant thereto, the appellant have framed a scheme for absorption of all these temporary candidates working as Assistant Plantation Officers, Ropvan Kotwals and Clerks. Under the above scheme, we are informed that 62 Assistant Plantation Officers and 9 Clerks who were qualified under the scheme, have already been absorbed. Even out of 73 Ropvan Kotwals, 31 candidates have already been absorbed. What remains are only 42 candidates. It is seen that under the scheme the criteria prescribed are as under: "13.It is submitted that the following eligibility criteria regarding reappointment of the terminated Ropvan Kotwals has been applied in deciding their eligibility/non-eligibility: (A) The names of the candidates for the post of Ropvan Kotwal must come through the government-approved agencies like the Employment Exchange, the Social Welfare Officer, etc. (B) The candidate for the post of Ropvan Kotwal must fulfil the following conditions at the time of recruitment; (I) He must have passed VII Standard Examination. (Ii) He must not be over 28 years of age (Relaxation of 5 years is granted in case of backward class candidate). (Iii) He must meet the following physical standards;;


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