- (1.) Appellant No. 2 was initially appointed as a serving unpaid candidate in the Office of 'Talathi'. Such an appointment was made purported to be under the Orders of Talathi permitting him to work in his office as unpaid candidate. Appellant No. 1 was appointed as Assistant to Talathi on 2.4.1979. Appellants had been engaged from time to time in the said post. Unpaid candidates, according to appellants themselves, used to receive 30 per cent out of every rupee received by the first respondent for writing of the document by the candidate. Revenue officials were directed by the State to stop such recruitment. Despite the same, however, recruitment of Assistants from persons like the appellants continued.
(2.) Allegedly, in the year 1995, some of the unpaid candidates filed an original application before the Maharashtra Administrative Tribunal wherein they sought for a direction in regard to their absorption in the services of the State. Therein a scheme was directed to be framed by the Tribunal by a Judgment and Order dated 30.11.1995. A scheme was thereafter framed by the State, the relevant portions whereof read as under:- "Government Resolution (a) For absorption of unpaid copiers from the Revenue Department in the service of Administration the date of eligibility should be decided as the date of issuance of Order of Maharashtra Administrative Tribunal i.e. 30th November 1995 (cut of date). (aa) The candidates who have completed 10 years of service on 30-11-1995 and are in service for more than year if apply for the post of Steno- typist, Typist in the IIIrd grade, Talathi or similar posts of Revenue Department, or for the post of IV grade and if they hold the educational qualification for such posts and if they have registered their names in the Employment Exchange Office while absorption in the said vacant post the age limit be relaxed. Similar condition of their appointment by the Recruitment Committee will not apply. (uu) In the case of unpaid copiers the Collector and other local Revenue Officers should execute as follows :- (a) The unpaid copiers from the Revenue Department who have been serving till 30th November 1995 for more than 10 years such cases may be scrutinized by the Collector and he should enquire from the copier to which posts he wishes to absorb. If the candidate has educational qualification prescribed and if he has registered his name in the Employment Exchange then a list of seniority of such copiers be prepared and he be appointed as per the above scheme. 2) Those unpaid copiers have served less than 10 years or more than 3 years as on 30th November 1995 then after taking into consideration their education qualification, their names be forwarded to the local Section committee and in case of continuous three candidates relaxation of age limit as per the Government Scheme be informed. Such an unpaid copier be asked to make application directly to the Selection Board. 3). Henceforth, all the Revenue Officer are asked to carefully follow the orders issued by the Government Circular No. EAST/1083/3618/483- E-7 dated 13th February, 1987, Revenue & Forest Department."
(3.) Appellants, however, were not appointed under the said scheme. They moved the Tribunal again. By a judgment dated 29.1.1999, respondents were directed by the Tribunal to bring the appellants within the purview of the said scheme. Aggrieved by and dissatisfied therewith, the respondents filed several writ applications which were allowed and the matter was remitted back to the Tribunal.;