- (1.) Leave granted. Respondent herein was appointed by the Union of India in the Census Organisation. His appointment was temporary in nature. He used to be appointed from time to time keeping in view exigencies of work. The State of Orissa issued a circular letter on or about 21.3.1995 relaxing upper age limit of the retrenched census employees for appointment under the State. The said circular letter related to 147 retrenched employees of the census organization. Principally relaxation of age for appointment in the State Service was contemplated thereby stating; "Now after careful consideration in pursuance of Rule 52 of OSC Government have been pleased to decide that in relaxation of upper age limit prescribed u/r 52A ibid shall be applicable to these 147 retrenched Census Employees of Census Organisations in Orissa as indicated below: i) The age limit for entry into any post under any rule relating recruitment may be relaxed in the above cases. Relaxation in age may be granted equal to the period of service rendered in the Census Organisation of Orissa prior to retrenchment. All Departments of Government, all Heads of department and all Collectors are requested to entertain the cases of these retrenched employees when they apply for any post under them suit to their qualification provided they are otherwise eligible for post under the relevant recruitment rules. Necessary detail seeking particulars of these 147 retrenched employees may be obtained from Director of Census Operation, Orissa, Bhubaneswar when necessary." (Emphasis Supplied)
(2.) By the said circular letter, no policy for regularization or for absorption of the employees working in the census organization was laid down.
(3.) Another circular letter was issued on or about 2.7.1999. The question as to whether in terms of the said purported circular letters, the employees working in the census organization were entitled to recruitment came up for consideration before the Orissa Administrative Tribunal and by reason of judgment and order dated 17.12.1998, it was directed; "6. Be that as it may, the fact remains that these applicants and others who were left out were not given any opportunity to compete with the Respondents while being selected to be posts to which they have been appointed. There is nothing on record to show that these applicants were intimated by any office at any time about the existence of any vacancy nor were they called to any selection test by any governmental authority for recruitment to the post after they were retrenched. In the absence of any such intimation, it was not possible for the applicants and others to know about the vacancy position and to make any application for appointment. As it appears from the resolution that it was the duty of various departments of the State Government to take suo moto initiative to appoint such retrenched candidates. No obligation was cast on these retrenched candidates. No obligation was cast on these retrenched candidates to apply for the posts. It is submitted that in the meantime hundred of posts fell vacant in the Government departments including in the District Offices and Sub- Divisional Offices. If that is so we are of the view that the present attitude taken by the authorities in not considering the retrenched employees like the applicants in preference to others in terms of the aforesaid resolution of the Government is not proper and we may further say that they have committed acts of injustice to the applicants as well as other retrenched candidates. However, it is submitted by the learned counsel for Respondents that about 90 such retrenched candidates have already been appointed in different offices and only about 50 candidates are left for appointment. 7. For the reasons stated above, we hold that the grievance of the applicants is genuine. In view of the fact that the Respondents have been duly selected and they appointed as retrenched candidates, we are not inclined to interfere with the orders of their appointment after regularization. Hence, the Respondents No. 4 to 13 wherever already in service shall continue to work in their posts according to rules. 8. We direct the State Government and Respondent no. 1 & 2 in particular to take immediate steps for absorption of the remaining retrenched candidates within a period of six months from the date of receipt of a copy of this order in any Government office located anywhere in the State or if no such immediate vacancies are available in the Government Offices, in any of the public Sector Undertaking located anywhere in the State in the post for which they are eligible but not below the rank of Class III. This exercise should be completed within a period of 6 months from the date of receipt of a copy of this order irrespective of their present age subject to the condition that none of them is aged more than 50 years.";