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Madhya Pradesh High Court · body

1977 DIGILAW 521 (MP)

Manoharlal Purohit v. Jawaharlal Nehru Krishi V. V. Jabalpur

1977-11-09

R.K.TANKHA, SHIVDAYAL

body1977
Short Note : 1. The petitioner was initially appointed as Entomologist in the State of Madhya Bharat. On 8.4.1953 he was promoted as Professor of Entomology. Subsequently he was confirmed. On 6.2.1969, he was appointed Principal, College of Agriculture. On 1.12.1964, Jawaharlal Nehru Krishi Vishwa Vidyalaya was established. As provided in section 55 of the Vishwa Vidyalaya Act since he did not express any other option he stood automatically absorbed in the Jawaharlal Nehru Krishi V.V. Jabalpur, service. On the date immediately preceding he was in the grade of Rs. 1000-1100. 2. His grievance is that on 22.9.1967, the Board decided to hold selection for all posts above Rs. 1000/-. Against this he made a representation and went on pressing it. In the year 1968 he was placed under suspension but was subsequently exonerated of all charges. By order dated 18.6.1971 he was given pay scale of Associate Dean. 3. This petition was filed on 18.11.1972. It is admitted by the petitioner that during the pendency of the petition he was promoted as Director in the scale of Rs. 1200-1800. 4. Learned counsel for the petitioner urges that he should not have been required to appear before the Selection Board in the year 1967 because some of the members of the Board had been junior to him. It is urged for the petitioner that he should be placed on his original post of Principal on which he was deemed to have been absorbed on 1.12.1966, that his appointment as Professor for six months on 29.9.1969 was illegal and without jurisdiction and that he be directed to be absorbed as Associate Dean in the scale of Rs. 1100-1600 from 1.12.1966. For all these contentions, learned counsel relies on section 55 of the Jawaharlal Nehru Krishi V.V. Jabalpur Act. 5. From the facts narrated above about which there is no dispute, it is abundantly clear that at any point of time the terms and conditions of petitioner's service were no less favourable than those on 30.11.1966. What is protected under section 55 of the Act are the terms and conditions of service and not the post. An employee absorbed from the integrating State could not claim to be absorbed on the same post. Secondly, today the petitioner is in the scale of Rs. 1200-1800. In the petition he claimed to be absorbed in the scale of Rs. 1100-1600. An employee absorbed from the integrating State could not claim to be absorbed on the same post. Secondly, today the petitioner is in the scale of Rs. 1200-1800. In the petition he claimed to be absorbed in the scale of Rs. 1100-1600. Neither the petition was amended nor has the learned counsel been able to tell us how he has been adversely affected. There is nothing to show that the protection guaranteed to him under section 55 has been infringed or otherwise not respected. 6. Great deal of stress is laid on a decision of this Court in M.P. No. 459 of 1967, J.P. Bindal vs. Jawaharlal Nehru Krishi V.V. Jabalpur, decided on 2.12.1974. In our opinion that decision does not help the petitioner. In that case also the petitioner was found entitled to the protection of his scale of pay in which he was immediately before the absorption and a writ was issued accordingly. Since in the present case we do not see the violation of that protection at any point of time, there is no case of issuance of a writ. Petition dismissed.