BUDHI RAM SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) The present Original Application has been filed by the applicant under Section 19 of Administrative Tribunals Act, 1985 seeking the following reliefs: "(a) Direct the respondents to deem the applicant as Pandit/Lecturer from the date he was transferred to Sanskrit College and permanently absorb as such; (b) Direct the respondents to give all the consequential benefits to the Applicant as has been given to the other similarly situated persons in O.A. No. 1111/1994 titled as Hem Prabha v State of H.V. and others."

(2.) Briefly stated, the facts of this case are that the applicant was initially appointed as Shastri in School cadre on 18.8.1980 and was posted on transfer in Sanskrit College, Nahan against the post of Pandit/Head Pandit on 19.9.1998 (Annexure A -4) and joined duties there as such on 25.9.1998 being duly qualified to hold the said post. The applicant possess the qualifications of Shashtri, Vyakarna Acharaya (A -l), MA (Hind), MA (Sanskrit) (A -2) and M. Phil (A -3), before joining at Nahan. As per UGC norms, a candidate doing M. Phil, or Ph.D. before 31.12.1993 is eligible for the post of Lecturer in College Cadre even without NET or SET. As per the applicant he is fully eligible for appointment for the post of college lecturer. The applicant contends that since he was posted on his transfer to Sanskrit College/ he no longer remained a Teacher belonging to School Cadre and hence ceased to belong to the School Cadre of the Education Department of Himachal Pradesh/ hence he was entitled to all consequential benefits.

(3.) In reply filed by the Respondents, it has been stated that the applicant was temporarily deputed in Sanskrit Pathshala, (Now College) Nahan in his own pay scale as admitted by the applicant, but at this stage he cannot claim the post of College (Lecturer unless he appears before the appropriate commission for appointment as Lecturer in College cadre (Sanskrit) after observing all codal formalities, which are required to be observed by the Service Commission and that the contention of the applicant that he is duly qualified cannot automatically make him Lecturer College Cadre (Sanskrit). So far as judgment passed in OA 1111/ 94, Hem Prabha v. State, is concerned, the same is admitted by the respondent department in its reply to para (7).