Full Judgment Text
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PETITIONER:
DR. CHITTARANJAN SHARMA & ORS.
Vs.
RESPONDENT:
THE STATE OF HIMACHAL PRADESH & ANR.
DATE OF JUDGMENT: 19/09/1996
BENCH:
K. RAMASWAMY, FAIZAN UDDIN, G.B. PATTANAIK
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
These appeals by special leave arise from the order of
the Administrative Tribunal made on December 15, 1986.
Admittedly thee H.I.M. Ayurvedic Degree College, Paprola,
District Kangra was taken over by the Government and handed
over to the H.P. Health and Family Welfare Department.
Clause (3) of the agreement envisages as under:
"The service of the existing staff,
principal, Teaching Administrative
and other employer on regular basis
in the college who fulfil the
requisite qualifications and age
conditions may be taken over with
effect from 3.3.1978 after due
screening if done by a purpose by
the Government in which 2 members
i.e. principal and Manager from the
Managing Committee shall also be
included. Service of the present
employees will be protected
according to Government rules."
In accordance therewith, the existing staff, principal,
teaching, administrative and other employees employed on
regular basis in the college were eligible to be absorbed on
regular basis provided they fulfilled the following
conditions: (1) they were appointed on regular basis in the
college before taking over; (2) they possessed the requisite
qualifications prescribed for the posts; and (3) they
fulfilled the age condition at the time of taking over
w.e.f. March 3, 1978. On fulfillment of all these
conditions, they would be sent to a screening committee
constituted for the purpose by the Government including two
members, i.e., the Principal and Manager of the Managing
Committee to represent the employees in the screening
committee. On recommendation made by the Committee, the
regular absorption could be made.
Unfortunately, the appellants were not regularly
appointed; nor did they possess the requisite qualifications
for absorption on regular basis in the posts as on the date
of the take over. Resultantly, instead of throwing them out
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of service by retrenchment, the Governor issued the order
exercising the power under proviso to Article 309 of the
Constitution on May 24, 1980 in consultation with the
Himachal Pradesh Public Service Commission and Rules for
Recruitment and Promotion of the Ayurvedic College
employees, Paprola, District Kangra. Admittedly, the
appellant even then did not satisfy those qualifications
proscribed under the Rules. Resultantly, they were absorbed
in suitable administrative posts to which they are eligible.
When they challenged their absorption, the Tribunal in the
impugned order directed to maintain the scale of pay which
they were drawing on the date of the take over and directed
their absorption in the posts of Ayurvedic Chikitsa
Adhikaris etc. Thus, these appeals by special leave.
It is seen that since the appellant had not fulfilled
the requisite qualifications either when they were initially
appointed by the committee before take over nor when
statutory rules were made by the Governor so as to enable
for absorption. Instead of retrenching them from services
due to nonfulfillment came to absorb them in the Ayurvedic
Chikitsa Adhikaris posts etc. to which they are eligible.
The Tribunal has given the direction to maintain the pay-
scales and to make adjustment and absorption. In our view
directions are correct and based on equity and do not call
for any interference. They may also be considered for
further promotion from the absorbed posts in accordance with
the rules.
The appeals are accordingly dismissed. No costs.