CHITTARANJAN SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) These appeals by special leave arise from the order of the Administrative tribunal made on 15/12/1986. Admittedly the 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:

(2.) 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. 3/3/1978. On fulfilment 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.

(3.) 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 of service by retrenchment, the governor issued the order exercising the power under proviso to Article 309 of the Constitution on 24/5/1980 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 prescribed 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.