LexMD. ABDUL KADIR & ANR. versus DIRECTOR GENERAL OF POLICE, ASSAM & ORS.
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(2009) 9 S.C.R. 611 MD. ABDUL KADIR & ANR. v. DIRECTOR GENERAL OF POLICE, ASSAM & ORS. (Civil Appeal No. 7922 of 2002) · APRIL 22, 2009 [R.V. RAVEENDRAN AND B. SUDERSHAN REDDY, JJ.] Service Law: A B Ad hoc appointments under specific scheme/project - c Claim for regularisation and salary at par with regular 1 counterparts - Prevention of Infiltration of Foreigners Scheme, 1960 - Appointments of ex-servicemen made under Additional PIF Scheme, 1987 formulated by Government of India for Assam - Circular dated 17.3. 1995 issued by D Inspector General of Police (Border) Assam, laying down for reappointment of ad hoc employees under the Additional PIF Scheme, every year after giving them termination notice - Held: When the ad hoc appointments are under a scheme and are in accordance with the selection process prescribed E by the Scheme, there is no reason why those appointments under the Scheme should not be continued as long. as the Scheme continues - Single Judge of High Court was justified in observing that the process of termination and reappointment every year should be avoided and the appellants should be continued as long as the Scheme F continues, purely on ad hoc and temporary basis, co-terminus with the. scheme - The Circular dated 17.3.1995 being contrary to the PIF Additional Scheme and the principles of service jurisprudence, is quashed - Those appointed in a time scale of pay shall be entitled to annual increments - As G . regards the appointments on fixed salary, if the State Government has treated such appointments on a time scale and claims reimbursement from the Government of India on that basis, the State Governmen,t should, in all fairness, pass 611 H 612 SUPREME COURT REPORTS [2009] 9· S.C.R. "' , ,. A on the benefit of such time scale of pay to the_ employees . - concerned - When persons are engaged under the same scale, discriminatory treatment i.e. extending benefit of increments to some and denying the same to others should be avoided - ConstituUon of India, 1950 - Articles 14 and 16. B Administrative Law Policy matters - Jurisdiction of court to suggest change t in policy - ·Prevention of Infiltration of Foreigners Scheme, · 1960 and Additional PIF Scheme 1987 for Assam - Ex- c servicemen appointed on various additional posts on ad h.,oc basis through regular selection process - Continuing for . decades - Claim for regu/arisfltion and consequen~ial monetary benefits - Held: Though the issue is a matter'. of policy having financial and other implications, but where ,an D issue involving public interest has not engaged the attention of those concerned with policy, or where the failure to take prompt decision of a pending issue is likely to be detrimental to public interest, Courts will be failing in their duty if they do · not draw attention of the authorities concerned to the issue E involved in appropriate cases - While cannot be and should not be makers of policy, they can certainly be catalyst, when there is a need for a policy or a change in policy - In the facts and circumstances of the case, if those working as ad hoc or temporary staff for decades on, are converted to regular ~ F permanent staff that would .boost their moral and efficiency. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7922 of 2002. From the Judgment & Order dated 01.09.2000 of the High G Court of Gauhati in Writ Appeal No. 154 of 1996. 1 · P.K. Goswami, S.K. Dubey, Rajiv Mehta, A. Henry, Sudha Pal, Shreekant N. Terdal and Avijit Roy, (for Corporate law Group) for the Appearing Parties. H \ i • MD. ABDUL KADIR & ANR. v. DIRECTOR GENERAL 613 OF POLICE, ASSAM & ORS. _, The following Order of the Court was delivered : A ORDER R. V. RAVEENDRAN, J. 1. The Government of India formulated the Prevention of Infiltration of Foreigners Scheme B (PIF Scheme for short) for Assam, for strengthening the Assam Governmental machinery for detection and deportation of foreigners in the year 1960. The scheme has been extended from time to time and is in force even now. By communication dated 3.6.1987, the Government of India informed the Govt. of Assam about the sanction of the following additioJlal posts by c the President under the PIF Scheme: lnspectors-5, Sub- lnspectors-323, Head Constables-306 and Constables-646. Under the said PIF Additional Scheme, the Government of India agreed to reimburse the cost of pay and allowances of persons
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