OM PRAKASH AWASTHI Vs. HIMACHAL PRADESH UNIVERSITY

JUDGEMENT

(1.) By this writ petition, the petitioner prays for an order directing the respondent to revise his pay scale and define his status as that of a regular Professor in the Himachal Pradesh University.

(2.) The petitioner was a Research Assistant in the Central Potato Research Institute, Patna. He was appointed a Regional Potato Development Officer with effect from April 10, 1957 by the Himachal Pradesh Administration, in which capacity he continued until October, 1961 when he proceeded for higher studies. On obtaining his Ph. D. at the Post Graduate School, Indian Agricultural Research Institute, New Delhi, he was posted as Assistant Professor of Agriculture on an ad hoc basis in the Himachal Agricultural College at Solan. The post was subsequently renamed the post of Assistant Professor of Agronomy. On recruitment by the Union Public Service Commission, the petitioner was selected from among several candidates, and appointed as Assistant Professor of Agronomy, on a regular basis with effect from December 24, 1965. Thereafter the Himachal Pradesh Administration advertised the post of Professor of Agronomy through the Union Public Service Commission, and again as a result of recruitment through the Commission the petitioner was selected. He was appointed by an order dated March 21, 1968 to the post of Professor of Agronomy, Himachal Agricultural College, Solan in the Class I (Senior) scale of Rs. 630 -40 -750/40 -950/50 -1200 with effect from March 6, 1968.

(3.) Thereafter, the Himachal Pradesh University was constituted under the Himachal Pradesh University Act, 1970. It was decided that the Himachal Pradesh Agricultural College, Solan would cease to function as a Government College and would stand transferred to the Himachal Pradesh University with effect from July 5, 1971 in pursuance of section 24 (a) of the Act. On June 23, 1971, the Himachal Pradesh Government informed the petitioner of the proposed transfer and declared that as in consequence the post held by him in the Government would stand abolished, his services would no longer be required, and inasmuch as a comparable post carrying the same designation, pay -scale and status was available in the University, the University was agreeable to employing him in that post On such employment the University would "protect the scale of pay of the post presently held by you as also the emoluments drawn by you so long as you continue to be employed in the same post, The designation will not entitle you to claim as a matter of right any pay -scale other than your existing scale of pay". It was also declared that the petitioners past services in Government would be taken into account by the University for all purposes, and that his present status remain unaffected. Apparently, the petitioner agreed to the offer made by the University. On July 3, 1971 the Himachal Pradesh Administration in formed the University that the petitioner, among other officers, would become an employee of the University with effect from July 5, 1971, on terms and conditions agreed, upon between the University and the State Government. The status of the petitioner was shown as Professor of Agronomy. A list of the transferred officers serving in (he Himachal. Pradesh Agricultural College, Solan indicated that the petitioner was the only Professor of Agronomy. The petitioner was informed on the same date he had become an eaiployee oi trie University.