STATE OF H.P. Vs. GANGA DHAR SHARMA

JUDGEMENT

(1.) THE State has filed this petition for quashing order dated 28.2.2007 passed by erstwhile Himachal Pradesh Administrative Tribunal (hereinafter 'Tribunal') in Original Application No. 609 of 2002 whereby it has been held that Original Application No. 609 of 2002 is fully covered by judgment dated 16.11.2000 passed by the Tribunal in Original Application No. 1111 of 1994.

(2.) THE pleaded case of the petitioners is that respondent is working as Shastri in School Cadre of petitioners, which is a Class -III (Non -Gazetted) post. The appointment to the post of Shastri (School Cadre) is made as per the Himachal Pradesh Education Department Class -III (Cadre of Head Pandits, Pandits and other Teaching Personnel of Sanskrit Colleges and Sanskrit Pathshalas) Service Rules, 1973 (for short 'Rules'). The respondent was transferred to Government Sanskrit College, Sundernagar to teach the subject of Sanskrit. The respondent had filed Original Application No. 609 of 2002 which was contested by the petitioners. The Tribunal allowed the petition on 28.2.2007 in terms of decision in Original Application No.1111 of 1994 with a direction to treat the respondent as Lecturer /Pandit from the date he joined the Sanskrit College and to pay him the pay scale as applicable to similarly situated persons. The Tribunal did not appreciate that respondent was appointed under the Rules and his appointment cannot be deemed to have been made ipso facto to the post of College Lecturer, which is a Class -I Gazetted post and to be filled through Himachal Pradesh Public Service Commission by way of direct recruitment. The Rules have not been set aside, the Tribunal has granted the relief to the respondent which cannot be granted unless the Rules are quashed. The Tribunal has failed to appreciate that no appointment can be made to a post de hors the Recruitment and Promotion Rules. The respondent had been transferred from Govt. Sanskrit College, Sundernagar back to the school, which is the cadre of the respondent, therefore, the respondent has no right to claim Class -I post of Lecturer in College Cadre. The respondent cannot be designated as Lecturer College Cadre merely on the basis of his transfer to Sanskrit College.

(3.) WE have heard learned counsel for the parties, who have reiterated their stand taken in the pleadings.