RAMA KISHAN GOYAL Vs. PROJECT OFFICER-CUM-SECRETARY
LAWS(RAJ)-1986-5-25
HIGH COURT OF RAJASTHAN
Decided on May 08,1986

Rama Kishan Goyal Appellant
VERSUS
Project Officer-Cum-Secretary Respondents

JUDGEMENT

ASHOK KUMAR MATHUR, J. - (1.) THE petitioner by this writ petition has challenged the order of termination dated 31st October, 1984 (Annexure -6) and he has prayed that the respondent may be directed to absorb the petitioner on a post equivalent to the post of Junior Accountant.
(2.) THE petitioner was given appointment on the post of Junior Accountant in the pay scale of 460 -770 in the Antyodaya Scheme in the Cooperative Department of Government of Rajasthan. Thereafter he was posted in the respondent Bank, namely, Nagaur Cooperative Land Development Bank Limited, Nagaur by the order dated 6th March, 1980. By Notification dated 3rd July, 1984 the Government of Rajasthan in Cooperative Department notified that on reconsideration a new staffing pattern has been brought into existence and that in the new staffing pattern no provision has been made for the post of Junior Accountant in the Land Development Banks. It was further stated in the said Notification that after 15th July, 1984 the Government will not reimburse the payments made to such Junior Accountant. Thereafter on 17th July, 1984 the Registrar, Cooperative Societies. Rajasthan, Jaipur instructed that since the post of Junior Accountant has been abolished therefore, these Junior Accountants may be absorbed against equivalent non -plan post in the Bank if they satisfy the qualifications required for the post. In pursuance of this communication the petitioner was informed by the communication dated 18th October, 1984 that the petitioner can be absorbed against the post of L.D.C. at the minimum of pay scale and if he is willing to be absorbed he should immediately inform. The petitioner by letter dated 18th October, 1984 (Anx. 4) informed the respondent that he was not willing to be absorbed as L.D.C. at the minimum of pay scale as he was on deputation he may be sent back to his parent department. Since the petition was not willing to join on the post of L.D.C, therefore, his services were dispensed with by the order dated 31st October, 1984 with effect from 15th July, 1984 vide Annexure -6. It is this that order the petitioner has challenged by filing the present writ petition. The respondent filed a reply to the stay application and has taken the position that since the scheme in which the petitioner was appointed on the post of Junior Accountant was abolished as well as the post of Junior Accountant therefore the petitioner was offered an alternative employment he has declined as such the respondent has no option but to dispense with the services of the petitioner in view of the directions issued by the Registrar, Cooperative Societies, Government of Rajasthan, Jaipur. Mr. Mirdul learned Counsel for the petitioner has submitted that the petitioner should have been offered an equivelent post instead of offering him the post of L.D.C. He has invited my attention to para 8 in which he mentioned that one Ram Prasad Jain, who was also appointed as Junior Accountant in Antyodaya Scheme in the Central Cooperative Bank Ltd. Tonk, his post was abolished and later on he was absorbed in the officers grade in the pay scale of Rs. 650 -1330. I am afraid this submission of the learned Counsel cannot be sustained for the simple reason that the particulars provided of Shri Ram Prasad Jain are wholly inadequate. No details have been given about Shri Ram Prasad Jain and it is also not pointed out that in what circumstances this gentlement was absorbed in the higher post. No copy of the office order has been placed on the record. In view of the inadequate information, it is not proper to act since the petitioner was appointed on Junior Accountant post and that post was abolished and he was afforded an alternative job but he declined to accept the same then his services were disponsed with, therefore, on relief can be given to him in the extra ordinary jurisdiction of this court.
(3.) IN the result, I do not find any merit in this writ petition. It is dismissed. No order as to costs.;


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