STATE OF U.P. AND ORS. versus CHANDRA PRAKASH PANDEY AND ORS.

Citation: [2001] 2 S.C.R. 506 · Decided: 20-03-2001 · Supreme Court of India · Bench: G.B. PATTANAIK · Disposal: Dismissed
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Judgment (excerpt)

A 
STATE OF U.P. AND ORS. 
v. 
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CHANDRA PRAKASH PANDEY AND ORS. 
MARCH 20, 2001 
B 
[G.B. PATTANAIK ANDB.N. AGRAWAL, JJ.] 
Sen7ice Lalv : 
Kurk Amins-Appointment of-On commission-For recovery of out-
c 
standing dues of co-operative societies-High Cow1 held such Kurk Amins as 
Government se1Vants entitled to regular scale of pay-Earlier judgment declar-
ing KurkAmins as Government Servants not challenged by Government-Held, 
there is no infi1mity in the judgment of the High Coult-Hence, no inteiference 
called for. 
't 
D 
The respondents were appointed as Kurk Amins on commission 
basis by different District Magistrates/Collectors within the appellant-
State for realisation of outstanding dues of the various co-operative socie-
ties. Two different Benches of the High Court held that ihe respondents-
Kurk Amins were Government servants entitled to regular scale of pay. 
Hence this appeal. 
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On behalf of the respondents it was contended that the earlier deci-
sions of the High Court declaring them as Government servants had 
attained finality, as their correctness was not challenged by the appellant-
State. 
F 
Dismissing the appeal, the Court 
HELD : 1. The High Court after taking into consideration all rel· 
"" 
evant factors as laid down by this court in the cases of Shri Kanak Chandra 
IJutta, P.K. Rajamma and Raman Lal Kesbav Soni, has come to the 
conclusion and recorded a finding of fact that Kurk Amins appointed on 
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commission basis for recovery of out•tanding dues of the co-operative 
societies were members of service and government servants. On behalf of 
tlte State, it has not been challenged that the aforesaid statements of 
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facts in the two judgments are incorrect. There is no infirmity in the 
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judgments rendered by the High Court so as to be interfered with by this 
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Court. [514-D-E; G] 
506 
t 
STATE v. C.P. PANDE [AGRAWAL, J.] 
507 
State of Assam v. Shri Kanak Chandra Dutta, [1967] 1 SCR 679; 
A 
Superintendent of Post Offices v. P.K. Rajamma, [1977] 3 SCR 678 and State 
of Gujarat v. Raman Lal Keshav Soni, (1983) 2 SCC 33, referred to. 
Venkata Swamy v. Superintendent of Post Offices, Affi (1957) Ori.112, 
cited. 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 8467-68 of 
1995. 
From the Judgment and Order dated 5.5.95 of the Allahabad High 
Court in S.A. Nos. 16(SB) and 39(SB) of 1994. 
WITH 
Civil Appeal Nos. 2167 of 2001, 36/1994 and 6075 of 1997. 
Rakesh Dwivedi, R.K. Jain, P.N. Mishra, R.C. Verma, RB. Misra, Mrs. 
Niranjana Singh, K. Misra, (Vijay Hansaria,) for Mis. Jain Hansaria & Co., 
B 
c 
R.A. Mishra, P.K. Jain, C.S. Ashri, Manoj Saxena H.A. Raichura and Shakil 
D 
Ahmed Syed for the appearing parties. 
The Judgment of the Court was delivered by 
B.N. AGRAWAL, J. Leave granted in SLP (C) No. 15849 of 1993. 
The question involved in these appeals is whether Kurk Amins ap-
pointed on commission basis by different District Magistrates/Collectors 
within the State of Uttar Pradesh for realisation of outstanding dues of the 
various cooperative societies as arrears of land revenue can be treated to be 
employees of the State Government holding civil post under the State of Uttar 
Pradesh within the meaning of Article 311 of the Constitution of India 
inasmuch as they are entitled to a scale of pay which is payable to Kurk 
Amins appointed in the Revenue Department. 
The short facts are that the Registrar, Cooperative Societies, Uttar 
Pradesh framed a scheme on 8.5.1978 for appointment of Kurk Amins 
throughout the State by the concerned District Collector for realisation of 
outstanding dues of the cooperative societies as land revenue and their salary 
and conditions of service were also prescribed. Pursuant to the said scheme, 
Kurk Amins were appointed in different Districts of the State. Subsequently, 
it transpired that such Kurk Amins were not recovering sufficient outstanding 
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F 
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dues to meet even payment of salary to them. Therefore, they were asked to 
work on commission basis. Those Kurk Amins who agreed to work on 
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A 
B 
508 
SUPREME COURT REPORTS 
[2001] 2 S.C.R. 
commission basis were retained in service whereas services of others were 
terminated, which led to filing of a writ application before the Allahabad High 
Court by one Ram Bihari Misra giving rise to CMWP No. 738/1980 claiming 
therein that he was regular employee as such his services could uot have been 
terminated. Similarly situated persons also filed other writ applications in the 
same
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