Case Note & Summary
The dispute arose from a direction by the High Court mandating the State Government to absorb Co-operative Managers into equivalent posts in other departments. The Supreme Court heard the appeal against this direction, considering the implications for both the managers and the State's recruitment policies. The court noted that while some managers had been absorbed previously, the current situation required a humane approach to resolve the issues faced by those appointed in 1973. The court proposed that paid managers currently in service should be allowed to continue until absorbed according to law, with age relaxations where necessary. The State Government accepted these suggestions and filed an affidavit detailing its compliance with the court's order. However, concerns were raised regarding the fairness of requiring older managers to compete with younger candidates in examinations. The court acknowledged these concerns and ordered that a separate recruitment test be established for older managers, taking into account their past service and age. The appeal was disposed of with directions for the State to implement these measures promptly, ensuring no costs were imposed.
Headnote
A) Constitutional Law - Equal Opportunity - Absorption of Co-operative Managers - Article 14 and 16 of the Constitution - The court directed that older paid managers should not compete with younger candidates in examinations for absorption, recognizing their unique circumstances. A separate examination should be conducted for them, considering their age and past service. Held that this approach balances the interests of both older managers and new entrants (Paras 4-5).
Issue of Consideration
Whether the State Government's decision to absorb Co-operative Managers in other departments was lawful and how to address the concerns of older managers regarding competitive examinations.
Final Decision
The Supreme Court accepted the additional affidavit from the State Government, directing that a separate examination be held for older managers, allowing them to be absorbed based on their past service and age considerations.
Law Points
- Absorption of employees
- Age relaxation
- Recruitment policy
- Constitutional provisions
- Equal opportunity
