TMI Blog2001 (3) TMI 1078X X X X Extracts X X X X X X X X Extracts X X X X ..... are entitled to a scale of pay which is payable to Kurk Amins appointed in the Revenue Department. 3. The short facts are that the Registrar, Cooperative Societies, Uttar Pradesh framed a scheme on 8.5.1978 for appointment of Kurk Amins throughout the State by the concerned District Collector for realisation of outstanding dues of the cooperative societies as land revenue and their salary and conditions of service were also prescribed. Pursuant to the said scheme, Kurk Amins were appointed in different Districts of the State. Subsequently, it transpired that such Kurk Amins were not recovering sufficient outstanding dues to meet even payment of salary to them. Therefore, they were asked to work on commission basis. Those Kurk Amins who agreed to work on commission basis were retained in service whereas services of others were terminated, which led to filing of a writ application before the Allahabad High Court by one Ram Bihari Misra giving rise to CMWP No. 738/1980 claiming therein that he was regular employee as such his services could not have been terminated. Similarly situated persons also filed other writ applications in the same year. All the writ applications were heard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court for considering the question as to whether cases of Kurk Amins appointed on commission basis can be treated to be at par with that of Kurk Amins appointed on salary basis and the ratio of the decision in CMWP No. 738/1980 rendered by the High Court on 16.11.1985 would be applicable to them or not. As by the time the matter was remanded, writ applications, according to the Rules of that High Court, were required to be heard by a Single Judge, the same were placed for consideration before a Single Judge, who, by order dated 22.3.1996, recorded a tentative finding that the cases of Kurk Amins appointed on commission basis were at par with that of Kurk Amins appointed on salary basis, but was of the opinion that the matter should be heard by a larger bench. Against the said order, special appeal was preferred before the High Court and a Division Bench disposed of the same on 4.4.1997 by allowing the appeal, setting aside that portion of judgment rendered by the learned Single Judge whereby he directed the matter to be placed before a larger bench and held that the Kurk Amins appointed on commission basis also held civil posts like Kurk Amins appointed on salary basis for rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he course of argument as such it should not be taken into consideration. It has been further submitted that for deciding the question as to whether there was relationship of master and servant between the Kurk Amins appointed for realisation of outstanding dues of cooperative societies and the State, there would be host of circumstances which have to be considered for determining the same and such a question whether a person or class of persons is servant of the State, which is a question of fact, has been decided in the present case by the High Court after considering the various ingredients which are required under law for coming to a conclusion that the respondents were holding a civil post and they were Government servant, but the State has failed to challenge the said statements of facts, in the judgments. 9. Undisputedly, the decision of the Allahabad High Court that the Kurk Amins, appointed on salary basis for realisation of dues of co-operative societies, held civil posts and became Government servant has attained finality as its correctness has not been challenged by the State of Uttar Pradesh by bringing the matter to this Court, rather the same got approval of this C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers. Originally, a Mauzadar may have been a revenue farmer and an independent contractor. But having regard to the existing system of his recruitment, employment and functions, he is a servant and a holder of a civil post under the State. Counsel for the State stressed the fact that normally a Mauzadar does not draw a salary. But a post outside the regularly constituted services need not necessarily carry a definite rate of pay. The post of a Mauzadar carries with it a remuneration by way of a commission on collections of Government dues. Counsel stressed the fact that a Mauzadar is not a whole-time employee. But a post outside the regularly constituted services may be a part-time employment. The conditions of service of a Mauzadar enable him to engage in other activities. In Venkata Swamy v. Superintendent of Post Offices AIR1957Ori112 , the Orissa High Court held, on a consideration of the relevant conditions of employment, that a temporary extra-departmental branch post-master was not a person holding a civil post, but the observation in that case that a part-time employee cannot be the holder of a civil post outside the regularly constituted services is too wide and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of fact whether a person is a servant of the State or not. -(emphasis added) 13. In the light of the foregoing discussions, we consider these appeals. In the impugned judgment under Civil Appeal Nos. 8467-68 of 1995, the Division Bench of the High Court after due consideration recorded its conclusion which runs thus:- It appears that the Collector was the appointing authority and the petitioners were being paid out the cost recovered according to provisions for the recovery of land revenue and that they had been given revised scale of pay having been performing the same duties and responsibilities as other Kurk Amins of other departments and that their counter parts on salary basis having been so found to hold civil posts by the Hon'ble Supreme Court, as referred to herein-before, and that the petitioners were working under the control and supervision of Assistant Registrar of Co-operative Society and are performing public duties. 14. Likewise, in another detailed judgment under Civil Appeal No. 6075 of 1997, rendered by another Division Bench of the High Court upon the matter being remanded by this Court, the Court after due consideration came to the follo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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