Decided on January 21,2003



- (1.) All the petitioners joined service in the Central Government as National Discipline Scheme Instructors Grade II. Later they were absorbed to State Government service as per G.O.(MS)210/76/G.Edn. dated 30.10.1976 (Ext.P1 in O.P.No.8787/1993). Since the employees covered by Ext.P1 claimed continuance upto the age of 58 years, on a writ petition O.P.No.2503/1987 this court by judgment dated 20.3.1987 (Ext.P2) directed the Government to pass final orders in the representation within one month form the date of receipt of the judgment. It is seen from Ext.P3 letter from the Government of India dated 24.2.1992 that as per the decision taken by the State Government as reflected in the communication dated 20.6.1990 referred to in Ext.P3 the Government of India had accepted the proposal for re-employment of Ex. NDS Instructors absorbed in the service of Government of Kerala upto the age of 58 years, as a special case. It was made clear that the agreement would apply only to those Ex. NDS Instructors who had not attained the age of 58 years on the date of Ext.P2 judgment, that is 20.3.1987. It was further made clear by the Government of India that the resultant additional financial liability in this respect would be borne by the Government of India. It is seen from Ext.P3 letter that this position had already been communicated to the State Government as per telegram dated 14.2.1992. It appears, inspite of Ext.P2 the State Government did not pass any consequential orders and therefore, the Association of Ex.NDS Instructors submitted Ext.P4 representation and the petitioner in that original petition filed Ext.P5 representation wherein he contended that he would have continued upto 31.3.1994. Thereafter Ext.P6 judgment was passed by this court directing consideration of re-employment sympathetically. That original petition was filed by the Association along with some of the affected parties. It was made clear in the judgment that the salary and other allowances will be paid as and when financial assistance is received from the Central Government.
(2.) The Central Government, who is the 4th respondent in this original petition, cannot go back on their promise in Ext.P3 letter dated 24.2.1992 wherein it was agreed that Ex. NDS instructors absorbed in the State service as per Ext.P1 will be entitled to continue upto the age of 58 years, on the only condition that such people should not have attained the age of 58 years as on 20.3.1987. Consequently the Government passed Ext.P8 order, G.O.(MS)154/93/G.Edn. dated 27.9.1993. The conditions insisted by the Government of India in Ext.P3 have been incorporated in Ext.P8.
(3.) In the above circumstances in case the Sate does not dispute that the petitioners herein are covered by Ext.P1 Government Order, the Ex. NDS Instructors absorbed in Government service and who had not completed the age of 58 years as on 20.3.1987, are entitled to have the re-employment benefit after their age of 55 and continue upto the age of 58 years, particularly after the assurance having been given by the Government of India as per Ext.P3 dated 24.2.1992 confirming their stand communicated to the State Government in the telegram date 14.2.1992. Therefore, there is no justification in denying the benefit. As of now all the petitioners have completed the age of 58 years. Therefore, the question of their re-induction does not arise. It will also be not practical and reasonable to direct re-employment for a further term of three years. Therefore, what remains to be considered is only the question regarding the monetary benefits for the period they were denied service.;

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.