WP(C)/656/2001 of Bopai Puroik Vs State of AP on 13 December 2002

WP(C) 656/2001BEFORETHE HON' BLE MR. JUSTICE L. A. ANSAR( 1 ) This case 1S a sad revealation of tne insensitiveness of one numan being towards preserving tne dignity of another human being and it was ultimately witntne netp of a Public Interest Litigation (nereinafter as \the PIL\)tnat the ageold wrong aone by one numan being towards another Numan being was stopped by Court, but the wrong done nas not yet been completely undone.|

( 2 ) This case nas a nistory and the history starts witn a PIL, whicn was filedin 1985 in madras High Court on behalf of the thousands of bonded labourers. Tne Apex Court, eventually, passed an order, on 13. 05. 94, in this pil, Known asUnion of Civit Liberties vs. State of Tamit Nadu and others, reported in (1994)5 SCC 116 directing tne States to inter alia, identify bonded Labourers and to 1dentify the villages, where the practice of bonded labour was prevalent and to provide them employment and ensure rehabilitation of victims of ageold bonded Labour system.

( 3 ) In the above backdrop, we need to understand tne case of the petitioner, wnicn, oriefly stated, runs as follows: (1) The petitioner, who 1S a permanent reSident of village, Dongko Circle-Lada, District east Kameng. Arunacnat Pradesh,belongs to purolk (Sullung) Tribe, wnicn is a notified scheduled Tribe Community. This 1S a community, wnichn used to be a tribe of bonded Labours. A survey conucted by the Deputy commissioner, East Kameng District, Seppa, in pursuance of tne PIL aforementioned, revealed the existence of about /00 ponded Labourers locaLly catled Sullung ana they were accordingly treated as bonded Labourers withintne meaning of Bonded Labour System (Abolition)Act, 1976. Tne Puroik tribe 1s acompact social group, which 1S economically weak and Live in inaccessible nign Nills of East Kameng district. They have been slaves to the Bangnies, a major tribe of the area, who forced the Puroik to work in the nouses and Fields of Bangnles without any rignt to claim wages. The Purolk were also found working as SlaveSs under Nichis. On passing nigher Secondary Examination and on being, admittedl, qualified for receiving appointment, the petitioner was, in consequence of adue selection process, appointed as UDC at the Arunacnal Secretariat in the year1993, where he still works in the same capacity. Wnile so working, the petitioner continued to pursue his studies and obtained graduation in Arts in the year 1997 Trom the Government college, Itanagar, ne being the first graduate Trom the Puro1lk tribe, which consists of about 1,000 members. In pursuance of the directin of tne Apex Court, Govt. of Arunacnalt Pradesh constituted a High Power Commitee for making recommendations for the purpose of renabititation and settlement ofT bonded Labour (Sulltung ). The Committee submitteda its report under seven dirent heads, namely, (1) Relief of Sullung ana other, (11) Land for re-settlementof Sullung; (111) Housing facilities, (iv) Employment opportunities; (v) Equcat1onal Tacilities; (v1i)Political pressure and participation and (vii)Otner assisance/benefits. Tne recommendations were placed before the Government and after tne Cabinet approved the same, the government sent instructions to the concernedaqepartments for implementation. (11) AS per the recommendations of the High powr Committee vide Clause D - Employment opportunities, a Sutlung graduate snouldbe directly considered for appointment as Extra Assistant Commissioner (EAC in snort) or identicat post in the Government or semi-Government department anda class XII passed sutlung person shall be considered for the post of Circle Officeror for some equivalent post. Tne department of Labour vide their office communication, dated 23. 12. 98, 1sSsSuedq under memo No. LAB (W)-22/97, sent the copy the recommendations to the Secretary, Home, personnet, Land Record, Rural Development, education, Agriculture, Horticulture, Power, pwd, RWD ana the Deputy Commi1ssioner, east Kameng, for necessary action. Thereafter, the Deputy Commissione, East Kameng, being empowered under Section ll of tne bonded Labour System (Abotition) Act, 19/76 issued, an order, dated 1/7. 02. 99 contained in memo No. PD W)-7/98-99, prohibiting engagement of bonded labour. Accordingly the authority concerned issued a release certificate discnarging the petitioner from the obliga

tion of rendering service as a bonded Labour. (111) Being entitled to be appointed as EAC by virtue of the recommendations made by the nigh Power Committee in cOnsonance witn the spirit of the directions given by the Supreme court, on the subjyect of bonded Labour, the petitioner submitted, a representation, on 26. 05.99, addressed to tne Cnief Minister, arunacnal Pradesh, seeking direct appointment as EAC, but notning concrete has resulted so far. The Deputy Commissioner, Seppa, wno 1S chairman of the Monitoring Cell on Abolition of Bonded Labour vide N1S communication, dated 16. 0/7. 99, contained in Memo No PA/ misc/1/1999, addresea to the Commissioner (Personnel, Administration Reforms and training) made arequest Tor doing the needful for appointment of eligible Sullung Tribe candidates as EAC and Circle Officer. The petitioner claims that the respondents ought tOo have appointed him in the post of EAC as he is the first sutlung graduate of runacnat Pradesn.

( 4 ) With the help of the present application made under Article 226 of the Constitution of india, the petitioner nas sought 1sSsuance of appropriate writ/writcommanding the respondents to appoint the petitioner to the post of eac or intne equivalent post as per recommendations contained in notification, dated 23. l2. 98 (Annexure B to the writ petition)aforementioned.|

( 5 ) The State respondents nave filed their affidavit-in-opposition, their casebeing, in brief, tnus: Tne Personnel Department had received, through tne Deputy Commissioner, Seppa, applications from the petitioner and from one Shri nano Sullong Pajee, a pre-University candidate, both nailing Trom the Sullong Community of East Kameng District, praying Tor appointment to tne post of EAC and CircleOfficer respectively. Tne cases of the petitioner alongwith otner candidates nave peen processed by the Department of Personnel and administrative Reforms andaTraining. During such processing, it was found that as per existing norms, direct requirement to Arunachal pradesn Civil Service could be made at the Level of Circle Officer only in the scale of pay Rs. 8000/- 2/75-13,500/- pm, but there wano provision for direct recruitment to the post of eac. It was also Tound tnatin tnis regard, certain clarifications and clear cut modalities in the matter ofproviding employment avenues are to be adopted to avoid future complicacies. Considaering atl these aspects, the Government nad decided that all the relevant dcuments pertaining to the issue be forwarded to tne Labour department, Government of Arunachal pradqesn, being the nodal department for a review and for submisson of cabinet brief for a aecision to ensure transparency and fair play. The case 1S now, witn tne Labour Department. The case of the petitioner would be considered after finalization of modalities by the goveminent.|

( 6 ) I have carefully perused the materials on record. I nave neard Mr. R. P. Snarma, learned counsel for the petitioner, and Mr. B. L. Singh, Ltlearned Sr. Go. Advocate, appearing on benaltf of the respondents.

( 7 ) It has been submitted by Mr. Sharma that despite tne fact that the Apex Court directed tne State Governments and Government of India as far back on 13. 05. 1994 to formulate a scneme Tor bonded Labourers and the High power Committee constituted in the State of arunacnat Pradesh, in consequence of the directions sOo given by the Apex Court, mage their recommendations, wnicn were also, accordig to the affidavit filed by the respondent No. 6, approved by the State Cabinet,yet no concrete scheme has been formulated so far by the State Government, incOnsonance witn tne recommendations of the High Power Committee, to directly appoint a Sullung graduate to the post of EAC. This 1s, in effect, contends mr. Snarma, violation of the directions of the apex Court. Mr. Sharma atso submits tnatappropriate direction be issued by tnis Court for appointment of the petitioneras EAC inasmuch as ne is the Tirst and titl today, pernaps, the only graduate inentire tne Purol1k tribe.

( 8 ) Reacting to the above submissions made on benalf of the petitioner, learneaq Senior Government Advocate submits that the petitioner coulda not be appointe as EAC inasmuch as relevant recruitment rules do not perceive making of any direct recruitment witnout due selection process in which otner eligible candidateswill also be entitled to participate. Mr. Singh also submits tnat the matter ofappointment of a graduate from Puroik Tribe to the post of eac has already beentne Labour department of the Government for Tormalizing the policy for providingemployment to the candidates of this community in various government departmentSs and for this purpose, some time may be necessary.

( 9 ) Having heard both sides and upon perusal of the materials on record, I Tinaq that recommendations of the Hign Power Committee for appointment of one Suttlg graduate to the post of EAC stood approved by the Cabinet long time back, butno concrete scheme has been formulated so far for making such recruitment inasmucn as tne arunachnal Pradesn Public Service Combined competitive Examination RulS ao not provide for direct appointment of any one to the post of EAC. Rule 36 ofT these Rules does, however, I notice, vest the State Government with the powerof relaxation rule 36, in fact, reads, \wnere the Government is of the opinion tnat it 1S necessary or expedient so to do, it may, by order, Tor reasons to be recorded in writing and in consultation witn the Commission, relax any of the provisions of these rules with respect to any class or category of persons or posts ( 10 ) Situateda thus, it 1S clear that apart from formulating scheme, the Goverment may also, by ‘lnvoking the provisions of Rule 36, make necessary arrangements for recruitment of one graduate from Sullung community to the post ofeac.|

( ll ) In view of the above, it 1S, to my mind, in the fitness of things to direct the State Government to Tormulate a concrete scneme Tor appointment of the educated members of the sullung community in terms of the High Power committee's recommendations mentioned hereinbefore within a given time-frame and pending TinaLization of tne scneme, the Government may, if necessary, consider relaxing of rule 36 of the said recruitment rules for tne purpose of doing the needful in tnSs regard.

( 12 ) In the result and for the reasons discussed above, this writ petition succeeds. Considering the matter in its entirety and in the interest of justice, the State respondents are here by directed to formulate necessary scnemes, withina period of six months from today, for appointment of one graduate from Sutlungtripe as EAC anda Tor this purpose, tne Government may, if need be take resort tRule 36 of the relevant recruitment rules and under the scheme, which may be soTormulated, the petitioner snaltl be considered alongwith similarly situated pesons, if any, for appointment to tne post of EAC.

( 13 ) With the above opservations and directions, tnis writ petition snattl staqd disposed of. No order as to costs.