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OLR/151/2009 7/ 7 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
OFFICIAL
LIQUDATOR REPORT No.151 of 2009
===================================================
OFFICIAL
LIQUIDATOR OF VARIOUS COMPANIES
(IN
LIQUIDATION) - Applicant(s)
Versus
.
- Respondent(s)
===================================================
Appearance
:
OFFICIAL LIQUIDATOR for
Applicant(s) : 1,MS AMEE YAJNIK for Applicant(s) : 1,
None for
Respondent(s) :
1,
===================================================
CORAM
:
HONOURABLE
MR.JUSTICE D.A.MEHTA
Date
: 03/02/2010
ORAL
ORDER
Official
Liquidator has made the following prayers:
This
Hon’ble Court may be pleased to permit the Official
Liquidator to appoint four stenographers, two company paid
clerk out of the waiting list candidates as submitted at para 7 of
this OLR, with the help of the Registry of this Hon’ble Court.
As an
alternative the Official
Liquidator may further be permitted to follow earlier adopted
procedure for further recruitment of vacant post at present as
directed vide orders dated 21.05.2005 passed by this Hon’ble Court.
If, the
prayer (A) and (B) is in affirmative, then this Hon’ble Court may be
pleased to permit the Official
Liquidator to pay the salary from the funds available with
the Official Liquidator in
the head of Company Paid Staff Salary Reserve Fund Account in
the similar terms and conditions and pay scale, etc., as applicable
to other Company Paid Staff of similar category presently working in
the office of the Official
Liquidator, Ahmedabad as already approved by this Hon’ble
Court in various orders as submitted above.
Such
other and further orders and directions as this Hon’ble Court may
consider just and appropriate may also be passed.
Heard
learned advocate and the Official
Liquidator. The Court was informed that in so far as prayer
(A) is concerned, the waiting list of stenographers is already
exhausted and in relation to the clerks no orders are made. Hence,
it was submitted that prayer (B) may be considered and appropriate
directions may be issued.
In
prayer (B) the date of order is wrongly mentioned as 21.05.2005,
whereas the order annexed at Annexure-A is dated 21.10.2005.
Official Liquidator is
permitted to follow the procedure contained in Paragraph Nos.6, 7
and 8 of order dated 21.10.2005 made in OLR No.83 of 2005 which are
reproduced hereunder:
6. On
the aspect of procedure for appointment and inviting of applications
are concerned, after hearing OL and the learned Counsel appearing
for the parties, I find that a committee can be constituted of the
following persons:
(1) One
Officer not below the rank of law officer having judicial background
who may be nominated by the Registrar General of this Court.-The
Officer having judicial background shall be the Chairman of the
Committee and the OL shall be the Member Secretary and other Officer
of the rank of Dy. Registrar shall be the member of the Committee.
(2)
Official Liquidator
(3) One
Officer of the rank not below the rank of Dy. Registrar of this
Court having administrative background, who may be nominated by the
Registrar General of this Court.
7. Various
modes are suggested by the OL at para 2-B for the purpose of
inviting applications from the interested qualified persons and such
mode appears can be followed by the Committee and, therefore, the
Committee shall undertake the process for inviting applications and
the scrutiny as stated hereinafter:
(A)
Applications of the candidates shall be invited by placing a notice
on the notice boards of the followings:-
1.
Notice Board of the High Court
2.
Notice Board of BAR Association
3.
Notice Board of BAR Council
4.
Notice Board of Ahmedabad Chapter of the Institute of Chartered
Accountants of India
5.
Notice Board of Ahmedabad Chapter of the Institute of Company
Secretaries of India
6.
Notice Board of Ahmedabad Chapter of the
Institute of Cost and Works Accountants of Indian
7.
Notice Board of Gujarat University
8.
Notice Board of Local Employment Exchange
9.
Notice Board of Office of Official Liquidator
10.
Notice Board of Office of Registrar of Companies, Gujarat Ahmedabad
11.
Notice Board of National Institute of Information Technology (NIIT)
12. Any
other place as may be directed by this Hon’ble Court.
(B)
After receipt of applications by a cut-off-date, the meritorious
candidates as may be found eligible as per their academic
qualification and experience shall be short listed (minimum 5
candidates and maximum 10 candidates per post) by a sub-committee
consisting Official Liquidator and Registrar of Companies.
(C) The
short listed candidates shall be interviewed and screened by the
selection committee and on the basis of marks awarded by members of
the selection committee the best candidates shall be short listed by
the selection committee and a panel of post wise second best
candidates shall also be finalized by the selection committee so
that in case the best and selected candidate does not finally accept
the offer of appointment, the second best candidates from the
waiting panel can be offered the appointment without repeating the
whole process of recruitment.
(D) The
list of best selected candidates with the details of their
qualification, experience and performance of their interview with
recommendation of the selection committee shall be placed before
this Court seeking permission and sanction to appoint them against
the 18 posts of special company paid staff, initially for one year
on probation and continuation thereafter for further two years
depending upon their performance without any right of continuation
in service on permanent basis or absorption in regular Govt.
Service, and also liable to be terminated at any time.
8. The
OL shall be at liberty to make appointment of company paid staff as
per the final recommendations of the committee. If at any point of
time there is any clarification required by the Committee then only
report shall be submitted to this Court.
Accordingly
for recruitment of stenographers and company paid clerks,
Official Liquidator is
directed to adopt the aforesaid procedure for recruitment to fill up
vacant posts.
In
so far as the prayer (C) is concerned, it is not necessary to make
any orders at this juncture, leaving it open to the Liquidator to
approach the Court as and when the requisite staff is appointed.
The
report stands accordingly.
Sd/-
[D. A.
MEHTA, J]
***
Bhavesh*
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