STATE OF PUNJAB Vs. TARA SINGH SHAHI

JUDGEMENT

(1.) Heard the learned counsel for the parties and perused the record.

(2.) Aggrieved by the order of the appellate authority appointing the petitioner against the post of Lecturer, he filed a Civil Writ Petition No. 1025 of 1988 in this Court praying for the issuance of appropriate direction to the appellants herein declaring him to be absorbed with the appellant-management to the post of Principal in the scale of Rs. 1200-1900/- with all consequential benefits. He also prayed for the grant of arrears alongwith interest at the prevalent rates after quashing the Annexure P/6 attached with the writ petition. The learned Single Judge vide the judgment impugned in this appeal set aside the impugned order and directed the appellants herein to absorb the respondent-writ petitioner as Principal retrospectively from the date of taking over of the charge by giving him all consequential benefits of arrears of pay, allowances and seniority etc. The writ petitioner was held entitled to interest at the rate of 12 per cent per annum on the arrears of pay and allowances. The judgment has been assailed on the ground that the learned Single Judge has not appreciated the averments made by the appellants in their written statement. It is submitted that in the gift deed of the taking over of the Guru Nanak College, Gurdaspur, dated 11.7.1988 it had been specifically settled between the Government and the Management that the writ petitioner would be taken over as Senior Lecturer and not a Principal. The writ petitioner who is stated to be Member of the Management-Committee was stated to be estopped from pleading otherwise or preferring claim in the form of the writ petition.

(3.) The facts as stated in the writ petition reveal that the petitioner was appointed Principal, Guru Nanak College, Gurdaspur in the scale of Rs. 700-1100 vide Resolution No. 34 dated 27.5.1975 and his qualifications and appointment was approved by the Vice-Chancellor of the Guru Nanak Dev University vide order dated 30.6.1975. The writ petitioner was confirmed as Principal with effect from 31.5.1976. The Education Department of the Punjab Government vide memo dated 30.9.1982 annexed with the writ petition as Annexure P/4 sanctioned for the taking over of the four educational institutions including the institution of which the writ petitioner was Principal. In the aforesaid memo it was mentioned that the staff which fulfils the qualifications was to be absorbed but they shall be treated as new entrants. With regard to the Principal it was stated that he would be taken over as senior-most Lecturer and not as Principal after taking over of the management of the aforesaid institution. The order of the Government is stated to have been approved by the Managing Committee in its meeting held on 18.5.1983. The writ petitioner immediately represented to the concerned authorities for the grant of appropriate relief by appointing him as Principal of the Institution. As no appropriate action was taken by the appellant authorities, he filed the aforesaid writ petition which was disposed of by the Learned Single Judge in the manner as indicated hereinabove.