JOGINDER SINGH RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Material facts necessary for adjudication of this petition are that the Petitioner was appointed as Clerk by the Management of National College, Amb on 1.8.1972. He was promoted as Head Clerk with effect from 1.4.1977. The post of Head Clerk was re-designated as Superintendent Grade-II on the revision of pay-scales on 1.1.1986. Petitioner was granted the pay-scale of Rs. 2000-3500 and the same stood approved by the Director of Education on 5.11.1992. The State Government took a decision to take over National College, Amb vide Notification dated 27.6.1997 with effect from 18.6.1997. The services of the Lecturers and ministerial staff were to be taken over as per Rules notified on 25.8.1994. The College was renamed as Maharana Pratap Government Degree College, Amb. The Petitioner and similarly situate persons continued to discharge their duties in the Government College. The Respondent/ State constituted a Committee comprising of Joint Secretary (Education), Joint Director, Administrator of National College, Amb and Joint Controller (Finance) Department of Education to complete all the codal formalities required for smooth functioning of the College and also for taking over the services of the staff of privately managed College. The Committee visited the college from 21.10.1997 to 23.10.1997. The Administrator of National College, Amb sought option from the Petitioner to be absorbed in Government College vide Annexure A-8, dated 22.10.1997. The Petitioner gave his willingness. The State Government created 20 posts of various categories of staff for Maharana Pratap Government Degree College, Amb including one post of Superintendent Grade-II in the pay-scale of Rs. 2000-3500. However, vide Notification dated 23.3.1998 the services of the Petitioner were taken over as Senior Assistant instead of Superintendent Grade-II.

(2.) Mr. D.P. Gupta, appearing vice Mr. K.D. Shreedhar, learned Counsel for the Petitioner has strenuously argued that the action of the Respondents of taking over the services of the Petitioner as Senior Assistant instead of Superintendent Grade-II is illegal and arbitrary, thus violative of Articles 14 and 16 of the Constitution of India. He then contended that the services of the Petitioner were required to be taken over as Superintendent Grade-II since he started discharging the duties of this posts with effect from 1.1.1986. Mr. P.M. Negi, learned Deputy Advocate General has supported the decision taken by the State Government, i.e. Annexure A-10, dated 23.3.1998.

(3.) I have heard the learned Counsel for the parties and gone through the pleadings carefully.