Sharma & Ors Vs. The State of Himachal Pradesh & Anr  INSC 1166 (19 September 1996)
Faizan Uddin, G.B. Pattanaik
O R D
appeals by special leave arise from the order of the Administrative Tribunal
made on December 15,
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
(3) of the agreement envisages as under:
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
were appointed on regular basis in the college before taking over;
possessed the requisite qualifications prescribed for the posts; and
fulfilled the age condition at the time of taking over w.e.f. March 3, 1978.
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.
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 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.
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.
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.
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.
appeals are accordingly dismissed. No costs.
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