Decided on July 01,1996

P.K. Prodhan Respondents


S.B. Sinha, J. - (1.)The Petitioners filed a public interest litigation against the Calcutta Metropolitan Development Authority and Ors. (hereinafter referred as the Authority) which was marked as C.O. No. 20151 (W)/94. In the said application it was, inter alia, contended that the Authority has been acting arbitrarily in the matter of appointment, promotion, retirement etc. It was contended that it had been inducting superannuated persons and/or extending the terms of reemployment of superannuated persons for years together in gross violation of recruitment regulations and in total disregard to the State Government policy.
(2.)By an order dated June 8, 1994 rule issued in the aforementioned case was made absolute. This Court observed:
These facts indicate that the superannuated persons are not being retained for public purpose but for ulterior reasons.

(3.)An appeal was preferred against the said judgment which was registered as F.M.A.T. No. 1946/94. K.C. Agarwal, Chief Justice and M.G. Mukherjee, J. (as the learned Acting Chief Justice of Rajasthan High Court then was) disposed of the said Appeal by an order dated July 27, 1994 modifying the order of the learned trial Judge holding:
...It is indeed true as was submitted by Mr. Bose appearing for the Respondent writ Petitioners that there was more or less an unregulated system of reemployment of superannuated persons prevailing in CMDA as is manifest enough from the different appointments made from time to time and not all such appointments have been actuated by proper and cogent reasons. We think that the judgment of the learned single Judge needs some modification which we should do to the effect following. CMDA shall not grant any re -employment to anyone of the superannuated employees for a period of more than six months at one time. In the event any reemployment is to be offered, the CMDA shall consider the case of the existing employees for promotional opportunities and in the event of availability of staff from the existing CMDA roll strength, the question of re -employment for a superannuated staff does not and cannot arise and it is only on the non -availability of the required staff for the job that the CMDA will take recourse to re -employment of the superannuated staff. The CMDA shall not create a new post in order to accommodate any one of the superannuated staff without first considering the eligibility of the existing staff. However, in the event there be a new scheme, the CMDA will be at liberty to introduce a new post. In so far as the existing superannuated employees are concerned whose services have already been extended, we make it clear that their services would terminate at the end of such extended period and there should not be any more extension granted to them.


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