Uttarakhand Rajasva Sangreh Amin Sangh Dehradun Through Its General Secretary vs. The State Of Uttarakhand Through The Principal Secretary Department Of Revenue

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 33042/2017

(Arising out of impugned final judgment and order dated 27-07-2017 in SA No. 581/2015 passed by the High Court of Uttarakhand at Nainital)

UTTARAKHAND RAJASVA SANGREH AMIN SANGH DEHRADUN Petitioner(s)

VERSUS

STATE OF UTTARAKHAND & ANR. Respondent(s)

(FOR ADMISSION and IA No.129090/2017-EXEMPTION FROM FILING O.T.

Date:03-02-2022 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s)	Mr. P.N.Misra, Sr. Adv.
	Mr. Harikesh Singh, Adv.
	Mr. Satyendra Kumar, AOR

For Respondent(s) Mr. Krishnam Mishra, Advocate Mr. Rajeev Kumar Dubey, Advocate Mr. Ashiwan Mishra, Advocate Mr. Kamlendra Mishra, AOR

UPON hearing the counsel the Court made the following O R D E R

The instant Special Leave Petition has been preferred by Association of Collection Amins challenging the decision of the High Court of Uttarakhand which rejected the submissions made on behalf of the Association. Digitally signed by Indu Marwah Date: 2022.02.09 16:56:02 IST Signature Not Verified

The members of the petitioner-Association were appointed as Collection Amins from 1968 onwards principally in Garhwal region of Reason:

the erstwhile State of Uttar Pradesh. The service conditions of the Collection Amins in Garhwal region were governed by set of rules including Subordinate Revenue Executive Service (Naib-Tehsildars) Rules, 1944 ("1944 Rules" for short) which covered the subject of promotion from the post of Collection Amins to Naib-Tehsildars.

Under 1944 Rules, one of the source for recruitment to the post of Naib-Tehsildars was Collection Amins and the relevant provision was to the following effect:

"5. Source of recruitment- Recruitment to the service shall be made:-

(i) On the result of a competitive examination to be conducted by the commission.

(ii) by promotion from amongst Supervisor Kanungos:

(iii) by selection of a Kanungo Diplomats;

(iv) by promotion from amongst such collection Amins who have passed at least the intermediate examination of the board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by the Uttar Pradesh Government as equivalent thereto."

By 1989 amendment titled "The Subordinate Revenue Executive Service (Naib Tehsildars) (Twelfth Amendment) Rules, 1989 ("1989 Rules" for short), following amendment was effected in Rule 5:

"5. Source of recruitment-Recruitment to the service shall be made from the following sources:-

(1) 39 percent vacancies by promotion as follows-

(i) 30 percent vacancies from amongst such permanent Supervisor Kanungos as have put in at least 7 years services as such;

(ii) 6 percent vacancies from amongst such

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permanent collection Amins who have put in at least 7 years service on the date of selection and have passed at least the intermediate Examination of the Board of High School and Intermediate Education, Uttar Pradesh or an examination recognized by Uttar Pradesh Government as equivalent thereto.

(iii) 3 percent vacancies from amongst such permanent (Registrar Kanungos who have put in at least 7 years service on the date of selection;

(2) One vacancy by selection of a Kanungo (diplomat from amongst persons securing first three positions in the final examination of the Survey and Land Records institute, Hardor;

(3) remaining vacancies by direct recruitment."

Thus even after the amendment, Collection Amins were recognized to be the feeder posts for promotion to the next level of Naib Tehsildar and 6% vacancies were to be earmarked them.

Upon reorganization of the States, State of Uttarakhand was constituted by virtue of U.P. Reorganization Act, 2000 ("Reorganization Act, for short). Sections 73 and 74 of the Reorganization Act were to the following effect:

"73. Provisions relating to other services.—(1) Every person who immediately before the appointed day is serving in connection with the affairs of the existing State of Uttar Pradesh shall, on and from that day provisionally continue to serve in connection with the affairs of the State of Uttar Pradesh unless he is required, by general or special order of the Central Government to serve provisionally in connection with the affairs of the State of Uttaranchal :

Provided that every direction under this sub-section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Governments of the successor States. (2) As soon as may be after the appointed day, the

Central Government shall, by general or special order, determine the successor State to which every person referred to in sub-section (1) shall be finally allotted for service and the date with effect from which such allotment shall take effect or be deemed to have taken effect.

(3) Every person who is finally allotted under the provisions of sub-section (2) to a successor State shall, if he is not already serving therein be made available for serving in the successor State from such date as may be agreed upon between the Governments concerned or in default of such agreement, as may be determined by the Central Government.

74. Other provisions relating to services.—(1) Nothing in this section or in section 73 shall be deemed to affect on or after the appointed day, the operation of the provisions of Chapter I of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union or any State:

Provided that the conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the State of Uttar Pradesh or to the State of Uttaranchal under section 73 shall not be varied to his disadvantage except with the previous approval of the Central Government.

(2) All services prior to the appointed day rendered by a person,—

(a) if he is deemed to have been allocated to any State under section 73, shall be deemed to have been rendered in connection with the affairs of that State;

(b) if he is deemed to have been allocated to the Union in connection with the administration of the Uttaranchal, shall be deemed to have been rendered in connection with the affairs of the Union, for the purposes of the rules regulating his conditions of service.

(3) The provisions of section 73, shall not apply in relation to members of any All-India Service. "

The members of the petitioner-Association coming from Garhwal Region were allocated the service under State of Uttarakhand and upon reorganization continued to serve as Collection Admins.

In 2009, "Uttarakhand Subordinate (Naib Tehsildars) Rules, 2009" (2009 Rules, for short) came into force and Rule 5 of these Rules deals with source of recruitment. Said Rule 5 is to the following effect:

"Recruitment on posts in service shall be made from the following sources:-

1. Fifty percent by direct recruitment by competitive examination organized by the Commission.

2.(a) Forty percent out of substantively appointed Inspectors who have completed three years' of service on the first day of recruitment by promotion through Commission;

3.Ten percent from substantively appointed Registrar Kanungo, who on the first day of year of recruitment, has completed five years' service by promotion through Commission;

But if sufficient eligible persons are not available for promotion or the suitable Registrar Kanungo are not available, then the post can be filled by promotion under sub-rule (2) Clause (a)."

Thus 2009 Rules did not contemplate Collection Amins to be one of the feeder categories for promotion to the post of Naib-Tehsildars.

Later, State of Uttarakhand promulgated "Uttarakhand Revenue Collection Inspectors and Collection Naib Tehsildars Service Rules 2019" (Rules 2019 for short). Rule 6 of these 2019 Rules dealt with source of recruitment to the post of Revenue Collection Inspectors as under:

"The post of revenue collection inspector shall be filled out of the collection Amins appointed on

substantive basis and who have completed 10 years satisfactory service in the form of recruitment.

2. The post of Collection Naib Tehsildar shall be failed by promotion, through the Commission, out of the Revenue Collection Inspectors appointed on substantive basis and who have completed 10 years satisfactory service in the form of recruitment."

Thus, under 2019 Rules, Collection Amins could secure promotion to the level of Revenue Collection Inspectors and Revenue Collection Inspectors by virtue of Rule 5 of 2009 Rules could then be considered to be a feeder cadre for the promotion to the post of Naib-Tehsildars.

In the circumstances, according to Mr. P.N. Mishra, learned Senior Advocate for the petitioner, the members of the Association coming from Garhwal region now find themselves denied the regular promotional channel to the post of Naib-Tehsildars and creation of an additional rung in between as a result of 2009 and 2019 Rules, would work to their disadvantage. In his submission, the mandate and principles of Section 74 of the Reorganization Act would thus stand violated.

It was also submitted by Mr. Misra that the reason which weighed with the High Court in dismissing the writ petition preferred by the Association was also incorrect. The members of the Association from Garhwal region would certainly be entitled to the benefit, in terms of 1944 and 1989 Rules and the service conditions flowing from these rules would be the service condition that the persons were entitled to enjoy on the date when the

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reorganization Act came into force.

Mr. Misra further submits that the present petition is confined and restricted to espouse the cause of Collection Amins coming from Garhwal region alone and for the sake of convenience the list of 18 concerned persons is:

"List of Members working as Collection Amins in districts Dehradun and Haridwar (Uttarakhand).

Sl.	Name	Date<br>of<br>Appointment	District
1.	Mahipal Singh	15.01.1982	Dehradun
2.	Mahidhar Dhasmana	25.08.1985	Dehradun
3.	Narender Sharma	01.01.1987	Dehradun
4.	Harshpati Pokhriyal	20.11.1987	Dehradun
5.	Shashi Sharma	20.11.1987	Dehradun
6.	Manohar Singh	10.08.1988	Rurki( Haridwar)
7.	Virender Singh Rawat	03.02.1989	Dehradun
8.	Vinod Sharma	03.02.1989	Dehradun
9.	Shridhar Prasad	04.10.1989	Dehradun
10.	Suresh Semwal	10.10.1989	Dehradun
11.	Rajender Prasad	12.12.1990	Dehradun
12.	Anil Grover	16.1.1992	Dehradun
13.	Virender Sajwan	06.08.1992	Dehradun
14.	Ram Kishan	05.06.1996	Dehradun
15.	Nathi Ram 2nd	24.06.1996	Dehradun
16.	Roshan lal	12.02.1997	Dehradun
17.	Vinod Tiwari	19.01.1998	Dehradun
18.	Abid Ali	04.08.1998	Dehradun

Mr. Mishra fairly submits that four out of these 18 persons have already retired and the claim would thus get restricted to 14 persons.

Considering the facts and circumstances on record, we deem it

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appropriate to issue notice to the Secretary, Revenue Department, State of Uttarakhand and call upon him to consider the entire matter and see if a solution can be found by the Government and benefit can be extended to these 14 persons.

Issue notice to the Secretary, Revenue Department, State of Uttarakhand.

Mr. Krishnam Mishra, appearing on behalf of the State accepts notice.

Response pursuant to this notice shall be filed at least two weeks before the next date of hearing.

Rejoinder if any, be filed by the petitioner within a week thereafter.

List the matter on 24.03.2022.

(INDU MARWAH) (VIRENDER SINGH) COURT MASTER (SH) BRANCH OFFICER