THE STATE OF MAHARASHTRA versus DEORAO AND ANR. ETC.

Citation: [1995] SUPP. 6 S.C.R. 318 · Decided: 07-12-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Disposed off

Judgment (excerpt)

A 
THE STATE OF MAHARASHTRA 
v. 
DEORAO AND ANR. ETC. 
DECEMBER 7, 1995 
B 
[K. RAMASWAMY AND B.L. HANSARlA, JJ.] 
Seroice Law : 
Daily wages workers-Absorption of on regular basis-Respondents 
C w01king as daily wage workers in Forest Department in State of Maharashtra 
for over 8 years-Claim for absorption on regular basis-Department stating 
that workers were over-aged and also lacking physical standard prescribed 
under scheme of absorption-Held respondents be absorbed as and when 
vacancies arise-Age relaxation be givm--Relaxation in physical standard 
would also be given if found marginally short of minimum prescribed. 
D 
The State Government of Maharashtra filed the present appeal 
against the orders of the State Tribnnal passed in respect of the workers 
engaged as Assistant Plantation Officer, Ropvan Kotwals and Clerks on 
daily wage basis, who had approached the Tribunal on termination of their 
E services by the State Government. On the directions given by this Court, 
the State Government formulated a scheme whereunder the daily wage 
workers were to be absorbed on regular basis. Under the scheme the 
Government fixed minimum educational qualification, age and physical 
standard for absorption of temporary workers. The State Government 
filed affidavit stating that 62 Assistant Plantation Officers, 9 Clerks and 
F 31 Ropvan Kotwals who were qualified under the scheme had already been 
absorbed. However, 42 Ropvan Ko!Wals who had already put in 8 years of 
service from the initial date of appointment were still to be absorbed. It 
was stated that tbongh they possessed the minimum educational qualifica-
tion prescribed, since they were over-aged and lacking in physical standard 
G as prescribed under the scheme, they could not be absorbed. 
Disposing of the appeals, this Court 
HELD : The appropriate officer would conduct physical examination 
of the left over candidates and if they are marginally short of the minimum 
H prescribed, their cases would be considered and they would be absorbed if 
318 
STATE v. DEORAO 
319 
there are vacancies in any of the schemes uY•der the Forest Department. A 
However, if there are no vacancies, they would be absorbed as and when 
the vacancies arise. They will not be entitled to back wages from the date 
of the protection given by the Tribunal IHI the date of absorption. As and 
when there is any work to be done on daily wage basis they would be 
engaged as per rules or instructions. If they become over aged at the time B 
of recruitment, necessary age relaxation also be given. All the proceedings 
pending in the Tribunal stand closed. [321-B-C; D-E) 
CIVIL APPELLATE JT TRISDICTION·: Civil Appeal No. 11901 of 
1995 Etc. 
From the Judgment and Order dated 20.10.93 of the Bombay High 
Court in R.P. No. 559 oi 1992. 
With 
C.A. No. 11092 of 1995. 
K. Madhava Reddy and S.M. Jadhav for the Appellants. 
S.V. Deshpande for the Respondents. 
The following Order of the Court was delivered : 
Delay Condoned. Leave granted. 
On September 4, 1995, we issued the following directions : 
c 
D 
E 
"It is stated by Sh. K. Madhava Raddy, learned senior counsel F 
appearing for the State that the Government had not duly ap-
proved the recommendations made by the Committee. But with 
modifications, certain procedure has been prescribed for absorp-
tion of such of those candidates like the respondents appointed in 
the Forest Department. It is also stated that those two respondents G 
having been found eligible according to the Scheme, they have been 
absorbed. It is brought to our notice that the persons claiming 
similar reliefs have filed the petitions in the Tribunal and also the 
contempt proceedings against the State for non-implementation. 
In that situation, the appropriate course would be that the State 
should file an affidavit by the competent Officer enclosing the H 
, 
A 
B 
320 
SUPREME COURT REPORTS [1995] SUPP. 6 S.C.R. 
Scheme evolved for workmen. Then we would be in a position to 
consider the cases and pass appropriate orders. Mr. Madhava 
Reddy seeks for and is granted four weeks time for filing the 
affidavit. It would be open to the counsel appearing in the Tribunal 
to bring this order to the notice of the Tribunal and the Tribunal 
would do the needful. List after four weeks." 
Pursuant thereto, the appellant have framed Scheme for absorption 
of all these temporary candidates working as Assistant Plantation Officers, 
Ropvan Kotwals and clerks. Under the above scheme

Excerpt shown. Read the full judgment & AI analysis in Lexace.