MADAN LAL SHARMA Vs. STATE OF H P.

JUDGEMENT

(1.) Civil Writ Petition No. 261/83, was filed by various Lecturers (College Cadre) under the Government of Himachal Pradesh in the Himachal Pradesh High Court which has been transferred on 29 -9 -1986 to the Himachal Pradesh Administrative Tribunal under section 29, sub -section (1) of the Administrative Tribunals Act, 1985, and as such the same is treated as an application under section 19 of the Administrative Tribunals Act.

(2.) The applicants in the petition under Article 226 of the Constitution of India have prayed for quashing the order contained in secret letter dated May 16, 1983 whereby the applicants were treated as fresh entrants in Government service on the taking over of S. D. B. College on September 15, 1977.

(3.) The facts relevant for the decision of the application are briefly enumerated as follows: A Degree College known as Rana Padam Chandra Sanatan Dharam College, Shimla, affiliated to the Punjab University and recognised by Punjab Government, was set up at Shimla. After the partition of country in the year 1947 another Degree College known as Bhargava Municipal College was set up in Shimla, In the year 1957 on the amalgamation of aforesaid two Colleges the Governor of Punjab accorded approval to the amalgamation vide order Annexure -A to the petition. The services of the permanent members of the staff were taken over by the College except the members who attained the age of 55 years and so far as temporary staff was concerned it was decided that the Government will make efforts to absorb the temporary staff in some other institutions, if their services were not required by any College. It was also decided that the Education Department will make arrangement to absorb the Principal Shri V. B. Anand, Shri Indira, Prof of Sanskrit and Shri B. N Pal, Prof of Economics, in the Government service as it was not possible to employ them in the amalgamated College. On July 22, 1970 Himachal Pradesh University was established and the College was affiliated to the Himachal Pradesh University and the service conditions of the teachers were to be governed under the First Statutes and First Ordinances of the Himachal Pradesh University.