At the outset the Official Liquidator has pointed out that the amount mentioned in prayer clause 15(D) as Rs.5,000/- may be read as Rs.4,727/- as on further verification it is found that the correct amount is Rs.4,727/-. The Official Liquidator is permitted to amend the prayer clause accordingly.
By way of this application, the Official Liquidator has prayed for the following reliefs:
(A) This Hon'ble Court may be pleased to direct the Official Liquidator to appoint One Senior Company Paid Assistant and One Senior Accounts Clerk in the Office of the Official Liquidator from the selected list of candidates, as submitted by the Selection Committee from the Period as per order of this Hon'ble Court of dated 13.01.2012 in OLR No.02 of 2012 and in view of the decision of the Ministry's Office Memorandum No.A-42011/66/2010-Ad. II dated 9th December 2011 regarding appointment of the Company Paid Staff.
(B) This Hon'ble Court may be further pleased to permit the Official Liquidator to make payment of the selected Senior Company Paid Assistant and Senior Accounts Clerk from the funds available with the Official Liquidator under Company Paid Staff Salary Reserve Fund A/c till the final outcome of the decision that may be taken by the Government of India regarding appointment of Company Paid Staff or as may be directed by this Hon'ble Court.
(C) This Hon'ble Court may be pleased to permit the Official Liquidator to pay an amount of Rs.3,500/- each to Mr.M.J.Thakkar, Registrar (Judicial), Mr.B.N.Mamtora, Registrar (Vigilance) and Rs.2,500/- to Mrs.M.P.Panchal, Deputy Registrar from the Official Liquidator's Company Paid Staff Salary Reserve Funds A/c;
(D) This Hon'ble Court may be pleased to ratify the action of Official Liquidator towards expense of Rs.4,727/- incurred towards refreshment charges and purchase of stationary items for conducting interview from Official Liquidator's Company Paid Staff Salary Reserve Fund A/c.
(E) Such other and further orders and directions as this Hon'ble Court may deem, just and proper in the matter may also be passed."
The Official Liquidator, relying upon the averments made in the report, submits that as per the order passed by this Court (Coram: K.M.Thaker, J) dated 13.01.2012 in Official Liquidator Report No.2 of 2012 the selection process was initiated and the selection committee, after following the procedure of recruitment, has suggested and finalized names of selected candidates. The Official Liquidator further submits that in view of the selection having been made as per the earlier directions issued by this Court in various orders, more particularly order dated 13.01.2012 passed in Official Liquidator Report No.2 of 2012 the report may be accepted and the application may be allowed as prayed for.
As averred in the application, this Court (Coram: K.M.Thaker, J), after considering the earlier orders passed by this Court, has observed in order dated 13.01.2012 in Official Liquidator Report No.2 of 2012 thus:
"5. The Official Liquidator has, now, come out with present report seeking above mentioned reliefs/ directions i.e. to continue the persons who are already engaged, though their tenure has come to an end and to also to seek permission to keep in abeyance the selection process and also the selection Committee appointed by the Court.
6. However, during the hearing of present report and on inquiry by the Court it has been informed by the Official Liquidator that persons who are presently engaged to work as Company Paid Staff in the office of Official Liquidator, were allowed to participate in the selection process, if they were willing to participate and to continue as such and be engaged in the office of the Official Liquidator as Company Paid Staff on the applicable terms and conditions.
7. He also informed that consequently, all those persons who are presently engaged and who willing to participate in the selection process, have appeared and participated in the process.
8. Under the circumstances,it appears that there is no justification or base for considering, much less granting the relief/ direction prayed for in para 10A.
9. The Official Liquidator has already proceeded in the selection process and has to complete the process as early as possible so as to comply with the direction by the Court order dated 09.03.2010. Now it at all, it is considered necessary and appropriate in view of the Ministry's communication dated 09.12.2011, then Official Liquidator may/ will issue offer letter for appointment informing the duly selected (as a result of the process which is in progress)candidates that the appointment would be over on June 16, 2012 or such period as may be extended in view of the communication received from the Ministry.
10. The persons who are selected in pursuance of the process which is going on, may be engaged on the conditions mentioned by the previous order or aforesaid terms or such other appropriate terms which may be necessary and may serve the purpose or the conditions which are or may be prescribed by the ministry.
11. In aforesaid view of the matter, there is no need or justification to put in abeyance the process of selection which is going on or the Committee constituted by the Court.
12. Under the circumstances, until the said process, which is already going on, is concluded and offer letters are issued and persons are engaged afresh, the present staff engaged as Company Paid Staff shall until now may be continued by the Official Liquidator in view of the aforesaid previous order(s) of this Court."
Pursuant to the aforesaid order, the process for appointment of company paid staff in the Office of Official Liquidator was taken up and the selection committee, after following the process as averred in the report, has undertaken the process of recruitment. It appears from the record that the Official Liquidator had issued call letters for interview dated 17.04.2012, which was held on 22.04.2012.
On perusing the report of the selection committee, which is produced in a sealed cover, it appears that so far as the post of Senior Company Paid Assistant is concerned, two candidates were called for interview and out of which one remained absent in spite of repeated calls having been made by the selection committee. The selection committee, after oral interview and after evaluation of the merits for the Senior Company Paid Assistant, has suggested name of - Shri Dharmesh J. Shah.
Similarly, the selection committee interviewed 10 (ten) candidates for the posts of Senior Accounts Clerk, out of which 09 (nine) candidates remained present and the 02 (two) persons, who have been selected, were of higher merit amongst 09 (nine) candidates who were interviewed and the selection committee has suggested the following names for the post of Senior Accounts Clerks on proper evaluation of the merits - (i) Jani Balbhadra V.; AND (ii) Makwana Prafulla K.
Considering the averments made in the report and on perusing the minutes of the selection committee (Annexure-J to this application), it appears that the selection committee, after following due process, more particularly as per order dated 13.01.2012 passed in Official Liquidator Report No.2 of 2012, has undertaken the selection process. The Official Liquidator is, therefore, permitted to issue offer letters to the aforesaid 02 (two) candidates for the post of Senior Accounts Clerks and to 01 (one) candidate for the post of Senior Company Paid Assistant.
The Official Liquidator is permitted to pay salary to the selected candidates from the Official Liquidator's Company Paid Staff Salary Reserved Funds A/c. Hence, the prayers prayed for in Paragraph No.15(A) and 15(B) are granted. The Official Liquidator is further directed to state all necessary conditions in the offer letters, which may be sent as per this order to the selected candidates. Prayers prayed for in Paragraph Nos.15(C) and 15(D) are also granted accordingly.
With these observations, the the present report is disposed of.
Sd/-
[R.M.CHHAYA, J ] *** Bhavesh* Top