C.A. Shankar Prasad and Others vs Karnataka State Adult Education Council and Others
- AIRAIR 1994 SC 216
Ratio decidendi
The rule this decision rests on
Where a Central Sector Scheme has closed and employees engaged under that scheme have been rendered surplus, but the administering body continues to operate, the court may direct that vacancies arising in the administering body be offered to the displaced employees in preference to external recruitment, taking into account their length of service, qualifications, and experience, even where no positive right to absorption exists. Where displaced government employees have served for a significant period (over a decade), the court may enjoin the State to prioritize their absorption in vacancies arising in the department that employed them or in other departments of the State Government, having regard to their qualifications and experience and consistent with law, and may temporarily relax age bar requirements to facilitate such absorption.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
1. A Central Sector Scheme known as Rural Functional Literacy Programme was operating in the State of Karnataka. The State of Karnataka set up an Adult Education Council for the purposes of running the Central Sector Programme. The petitioners were employed in the four Rural Functional Literacy Project centers which were running under the control of the Adult Education Council. They were employed on fixed salary as Assistant Project Officers, Supervisors, Office Assistants, Accounts Clerks, Drivers and on other class IV jobs. The petitioners have claimed in this petition that the respondents be directed to absorb them on regular basis and they be treated equally in all respects with other regular employees under the control of the Adult Education Council. Some writ petitions were filed for similar relief in the Karnataka High Court which have been transferred to this Court.
2. During the pendency of these writ petitions the Central Sector Scheme which resulted in the employment of the petitioners has been completely closed. According to Mr. P. Chidambaram, learned senior advocate appearing for the State of Karnataka, the services of the petitioners have been rendered surplus and they are no longer working in the Project centers. In this view of the matter the writ petitions have become infructuous and no relief can be granted to the petitioners.
3. We are, however, of the view that the petitioners having served the Adult Education Council for over a decade the Council which is still operating must utilise the services of these petitioners if and when some vacancies are made available. We, therefore, direct that all the vacancies after the closure of the Central Sector Scheme which have become available or will arise in future under the control of the Adult Education Council be offered to the petitioners keeping in view their eligibility and experience. We further hope that the State of Karnataka shall keep in view the useful services rendered by the petitioners for more than ten years and will try to absorb the petitioners in vacancies which may arise in the Education Department or any other department of the State Government where the petitioners can be absorbed in accordance with law keeping in view their qualifications and experience. The age bar shall not come in the way of the petitioners for a period of three years from today.
4. With the above observations the writ petitions are dismissed. No costs.
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free