SHALIGRAM ANANTRAM CHATURVEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition the petitioner has asked for quashing of the order dated 31st October, 1961 (Annexure XI to the petition) passed by the Government of India and communicated to the petitioner by Shri S. B. Khare, Under Secretary, Government of Madhya Pradesh. The petitioner is at present working as Principal, Government Post Graduate Basic Training College, Raipur, in the State of Madhya Pradesh. Before the reorganisation of States by the States Reorganisation Act on 1-11-1956 he was employed as Principal of the Teachers' Training College (L. T.) at Dewas, which is stated to be the only institution of this kind in the erstwhile State of Madhya Bharat. The State of Madhya Bharat merged in the new State of Madhya Pradesh from 1-11-1956 under the States Reorganisation Act. It is alleged that the State of Madhya Pradesh published a provisional integration list (Annexure I to the petition) setting out the principles formulated for being observed, as far as may be, in the integration of Government servants allotted for service to the new State of Madhya Pradesh. In the said notification under the heading "teaching" the Principal, Training College from Mahakoshal is shown at the top followed by three officers in category I. In the said list Professor of Training College and Professor incharge Senior section from Mahakoshal are shown above the Principal, L. T. College, Madhya Bharat, that is the petitioner. The principles set forth in the said notification for equation of posts in the scheme of re-integration inter alia were as under: (i) Where there were regularly constituted similar cadres in the different units, the cadres will ordinarily be integrated on that basis: but (ii) Where there were no similar cadres the following factors will be taken into consideration in equating the post. (a) Nature and duties of post; (b) Powers exercised by the officers holding a post, the extent of territorial and other charge held or responsibilities discharged. (c) Minimum qualifications, if any, prescribed for recruitment of post; and (d) the salary of the post. The final gradation list was prepared in exercise of powers conferred by the proviso to Article 309 of the Constitution in accordance with the decision of the Government of India under the provision of Section 115 (5) of the States Reorganisation Act, 1956. It was published in the Gazette dated 24th May 1962. In the said notification the Principal, Training College from Mahakoshal was shown in category I while the Principal, L. T. College from Madhya Bharat, that is the petitioner, in category II, even below the officiating Principals of Mahakoshal Training Colleges. It is alleged in the petition that both the Mahakoshal (residuary part of the former State of Madhya Pradesh which merged in the New Madhya Pradesh) and Madhya Bharat units had regularly constituted similar cadres so far as the Principals of the Training Colleges were concerned and they should have been equated together in accordance with the principles set out in the notification dated 9th September, 1959 (Annexure I referred to above ). It is further alleged in the petition that- (a) In the erstwhile State of Madhya Bharat separate cadre of Principal, Government Teachers Training College, Dewas, in Madhya Bharat Education Service, Class 1 in the grade of 600-30-750 existed from the commencement of the college in the year 1949 which was superior to that of a Deputy Director of Education in that State who was in the scale of 500-25-750, this, according to the petitioner, is supported by two notifications dated 12th of June, 1954, and 13th July, 1955. (Annexures 'c' and 'd' to the petition ). (b) In Mahakoshal unit there was no separate cadre of the Principal, Training College upto September, 1956. It was only on 6th September, 1956, after the States Reorganisation Act had received the assent of the President on 31-8-1956, that under memorandum No. 60735/ CR/78 XVIII (Appendix B to the petition) a separate cadre with grade of Rs. 850-50-900-40-1100, for Principals, Teachers Training Colleges, was created by the old State of Madhya Pradesh. The Principals of Training Colleges Mahakoshal region belonged to the Madhya Pradesh Educational Service Class 1 together with Deputy Director of Public Instruction, Divisional Superintendent of Education, Professors, Superintendent Reformatory School, in the scale of Rupees 350-350-25-600-Bar-26-700-700-Bar-30-850, prior to the aforesaid change effected on 6th September, 1956. (c) Since there were regularly and duly constituted similar cadres in Mahakoshal and Madhya Bharat units of Principals, Training Colleges, there was no rational basis for the distinction made amongst Principals of Training Colleges of Mahakoshal unit and Madhya Bharat unit, as had been done in the integration list. (d) According to the Integration Committee only when similar cadres did not exist in the integrating units that other factors such as the nature and duties, powers, responsibilities and salary etc. could be taken into consideration, but since there were regularly constituted similar cadres both in Mahakoshal unit and Madhya Bharat unit the aforesaid factors were irrelevant for the purposes of integration in the new State. (e) From a chart filed along with the petition (Annexure III) it was obvious that whatever criteria be applied the Principal of Madhya Bharat Training College stood in a better position as compared to the Principals of Training Colleges of Mahakoshal unit. (f) The nature of duties of the posts of Principals in the two units were the same. (g) The relevant pay scale to be taken into consideration should have been as in force before the 6th September, 1956 when the petitioner was in a higher grade as compared to the Principals in Mahakoshal unit. (h) The Training Colleges at Raipur and Khandwa in the Mahakoshal unit were granted provisional affiliation pending the consideration of the report of the Inspection Committee. These Colleges were inspected on 7th December, 1957, and were started in the second Five Year Plan about four months before the formation of the new State and these Colleges or the employees therein could not be treated as enjoying a higher status than the petitioner's College. (i) Aggrieved by the aforesaid decision the petitioner made a representation which was forwarded to the Central Government and the same was accepted. A decision was accordingly taken that the post of the Principal, L. T. College, Madhya Bharat, should be equated with the post of the Principal, Training College, Mahakoshal, in category I of the Teaching Section. (j) By memorandum dated 31st October. 1961, from the State of Madhya Pradesh the petitioner was informed that the Government of India, on reconsideration, had cancelled their decision. The petitioner submitted two other representations which were rejected.

(2.) IN the light of the above facts the petitioner contends that by virtue of Section 116 of the States Reorganisation Act he was entitled to hold the same post in the new State of Madhya Pradesh and treating him in a lower category was violative of Articles 14 and 16 of the Constitution and the provisions of Sections 115 and 116 of the States Reorganisation Act. It is further contended that the respondent had no right to revoke the earlier decision taken on the petitioner's representation, in any case, without giving an opportunity to the petitioner of being heard. In the reply affidavit filed on behalf of the Union of India it has inter alia been stated that- (a) In accordance with the Service Rules which came into force on 26th September, 1956 (Annexure R-3), services in Madhya Bharat were divided into three branches-- (1) Administrative (2) Teaching and (3) Technical. The nature and duties of the post and the powers exercised by the officers holding the posts in the three branches were different. The minimum qualification required for a Deputy Director, apart from the other factors, was about 7 years administrative and teaching experience in a responsible post, which was not necessary in the case of a Principal. The personnel of the three branches were also not freely interchangeable. (b) The L. T. College of Madhya Bharat was not affiliated to any University till 1957 while the Training Colleges of Mahakoshal were affiliated to the Universities of the region. (c) The Director of Education, Madhya Bharat, used to award a departmental certificate of Licentiate in Teaching to the successful students while in Mahakoshal Degree and Diplomas in Teaching used to be awarded in accordance with the statutory rules prescribed by the Universities. (d) The L. T. College Madhya Bharat admitted only 75 graduate teachers for training. The training Colleges in Mahakoshal as a rule had B. T. Class of 64 graduates and two diploma, in Training Classes of 64 each. In the Training College of Jabalpur the B. T. Class consisted of 128 graduates and the diploma class of 128 under-graduates. In addition this College had various other classes and facilities as set out in paragraph 5 of the reply affidavit. (e) The scale of the post of Principal L. T. College Madhya Bharat was Rs. 600-750 having an average value of Rs. 700/- while the scale of pay of the post of Principal, Training Colleges Mahakoshal was Rs. 850-1100 having an average value of Rs. 1016-10-8 on 1-11-1956. (f) Though the pay scale of the Principals. Training Colleges, Mahakoshal, was revised in September 1956, but the revision was not an isolated event made with a view to enable the said officers to gain any advantage. Prior to the revision the pay scale of the post was Rs. 350-850. In addition a special pay of Rs. 150/- per mensem as well as rent free accommodation were allowed to the employees. The Government of erstwhile Madhya Pradesh had appointed a Committee in the year 1965 and it is on the recommendation of the said Committee that the pay scale was revised. The facility regarding rent free accommodation and special pay of Rs. 150/- was on the aforesaid revision withdrawn. (g) Various Other factors as set out in paragraph 5 of the reply affidavit such as the teaching staff under the control of the Principals of different units, their mode of recruitment and qualifications for recruitment showed that the Principals in Mahakoshal unit stood in a better position. (h) The Central Government had to determine the entire position with reference to the appointed day, that is 1-11-1956. (i) The petitioner had not been adversely affected by the impugned order. The Principals of Training Colleges in Mahakoshal unit had longer service to their credit in class II posts and before reversing the decision taken by the Central Government on the representation of the petitioner all the facts stated in the representation had been taken into consideration and no oral hearing in the circumstances was called for.

(3.) MR. Hardy, the learned counsel for the petitioner, has attacked the impugned order principally on two grounds, He says that (1) the authorities while passing the impugned order dated 31st October, 1961 (Annexure XI) were acting in a quasi-judicial capacity and the same could not be passed unless the petitioner had been given an opportunity of being heard; (2) having regard to the provisions of Sections 115 and 116 of the States Reorganisation Act the petitioner was entitled to an equitable treatment which necessarily meant that no one could be wrongly placed above the petitioner in re-integrating the services; and lastly that there had been a violation of Articles 14 and 16 of the Constitution. Mr. Shanker, the learned counsel for the respondent, on the other hand, submits that - (a) The question as to the status enjoyed by the petitioner in the erstwhile Madhya Bharat State and that enjoyed by the Principals of other institutions in Mahakoshal unit was not justiciable and, in any case, it involved disputed questions of fact which could not be gone into in the present writ petition. (b) In any case, the petitioner was on merits rightly placed in the position allotted to him. (c) No right of the petitioner had been affected inasmuch he is at present posted as Principal, Government Post Graduate, Basic Training College, Raipur, and is enjoying much better status than he was enjoying in Madhya Bharal. He has no right under the States Reorganisation Act to claim that he should be placed at par with the Principals of other colleges. The question relating to equation of posts and absorption of persons in certain posts and appointment of persons to such posts cannot be regarded as falling within the words "conditions of service" in Section 115 (7) of the said Act and consequently it was not correct to say that conditions of services of the petitioner had been varied to his disadvantage. (d) Since no right of the petitioner had been affected it was not open to him to claim any relief in the matter (e) There was no violation of Articles 14 and 16 of the Constitution inasmuch as the petitioner had been rightly placed in the position allotted to him.