UNION OF INDIA versus DINESH KUMAR SAXENA AND ORS. ETC. ETC.

Citation: [1995] 2 S.C.R. 341 · Decided: 24-02-1995 · Supreme Court of India · Bench: S.C. AGRAWAL, SUJATA V. MANOHAR · Disposal: Case Partly allowed

Judgment (excerpt)

UNION OF INDIA 
A 
v. 
DINESH KUMAR SAXENA AND ORS. ETC. ETC. 
FEBRUARY 24, 1995 
[S.C. AGRAWAL AND MRS. SUJATA V. MANOHAR, JJ.] 
B' 
Service Law--Oirectorate of Census Operation~Appointments on ; 
contract basis for a limited and fixed duration on a ftxed pay-No scheme 
for regularisation can be framed-May be considered for appointment in 
regular vacancies available to direct recruits if qualified and eligible-Length C 
of temporary service may be considered for relaxing the age bm-Staff selec-
tion board may consider giving weightage to previous service and service 
record. 
For the purpose of the census conducted in the year 1981, ap-
proximately 932 temporary class C and D posts were created in the D 
Directorate of Census Operation, U.P. Temporary appointments were 
made to such class C and D posts. These posts included the posts of 
Compilers, Loaders, Checkers and Supervisors. These posts were con· 
tinned upto 30-6-1984 when all these appointment were terminated as the 
work connected with the 1981 census was over. Some of the persons whose E 
services were thus terminated filed a writ petition in the High Court 
challenging their termination and for other reliefs. The High Court observ-
ing that the employmnent of these employees working in the census 
Department was time bound and came to an end on 30-6-1984 and that the 
posts to which these employees were appointed had also stood abolished 
and there was no budgetary ssanction for those posts beyond 30-6- 1984, F 
held that the petitioners could not be granted the relief prayed for. How-
ever, in order to safeguard the interest of the retrenched employees, it 
ordered the respondents to make any fresh recruitment in the Census 
Department or for its allied work only from amongst the retrenched 
employees. A special leave petition against this order was dismissed. G 
Thereafter just before the 1991 census, ~n Association of these retrenched 
employees filed a writ petition before the High Court. 
The High Court passed an interim order directing the State Go'vem-
ment to appoint these retrenched employees in the Census Department if 
they were found eligible and fit for the job. 465 employees who were H 
341 
342 
SUPREME COURT REPORTS 
(1995) 2 S.C1R. 
A retrenched on 30-6-1984 and who had applied and found eligible, were 
re-engaged on a fixed pay for a fixed period on ·contract basis in the 
Regional Tabulation Otlices. The work of the Tabulation Otlices was 
temporary in nature, being connected with the 1991 Census. On completion 
of work, the Regional Tabulation Offices were closed down on 31-12- 1992. 
The engagement of employees who were re-engaged also caine to an end. 
B 
, 
/ 
Some of the affected employees in the Census Department made an 
application in 1992 before the Central Administrative Tribunal for their 
re-employment/absorption/adjustment in t~e Census Department or in 
any other Government Department. The Tribunal_ directed the Union of 
C India to consider continuing the applicants in their present posts in case 
the census work remains incomplete, in preference to outsiders. 
Another application was filed by some ex-employees of the Census 
Department before another Bench of the Central Administrative Tribun-
bal. The Tribunal directed the Union of India to frame a scheme within 
D three months for giving regular appointment to 900 and odd employees 
who bad been temporarily appointed for the 1981 census, as and when 
vacancies arose and to consider their case for regularisation and that these 
persons should ·be given 'priority' over the staff subsequently appointed. 
Coding and Editing Cells were opened in March 1993 for the 1991 Census 
E operations. The employees retrenched on 30-6-1984 and 31- 12-1992 were 
engaged on a fixed pay contract basis for this work. The Coding and 
Editing Cells were closed down on 28-2-1994 on completion of work. The 
employees who were engaged for the Coding and Editing Cells for the 
Coding and Editing Cells for the 1991 census operation were also 
retrenched on 28-2-1994. 
F 
The Union of India filed these appeals against the judgments of the 
Tribunals. 
The respondnets, who were the retrenched employees, urged that 
G they had worked in the Census Department for six years and hence their 
appointment should be regularised. 
Partly allowing the appeals, this Court 
HELD : 1.1. In the instant case, there was no regular work available 
H in the Census Department. The additional work which was avai(a

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