STATE OF PUNJAB Vs. DARSHAN SINGH

JUDGEMENT

(1.) Special leave granted.

(2.) The respondents were serving in two different private colleges which were taken over w. e. f. 1-6-1974. The memorandum in that behalf was issued on 12-4-1974. In regard to the services of the existing staff of the said two private colleges, namely, Guru Arjan Dev College, Tarn Taran (Amritsar) and Guru Nanak College, Kala Afgana (Gurdaspur) , the memorandum provided as under:

(3.) It will be seen from the above clauses of the memorandum that employees of the private colleges were to be absorbed in government service if they possessed the necessary qualifications and were found suitable for absorption by the Punjab Public Service Commission/sss Board. They were to be treated as new entrants. But, for the purposes of fixation of pay in the time scale, their length of service in equivalent/identical position in private colleges had to be taken into consideration. However, no guarantee was given in regard to protection of existing salaries if the same happened to be in excess of the prescribed salary for government employees in corresponding positions. Accordingly, the respondents were given fitment in the regular scale, which was available in the government college to which they became entitled on the basis of equivalence of posts. There is no dispute that the respondents were given this fitment as per the clause in the memorandum.