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Madhya Pradesh High Court · body

2010 DIGILAW 973 (MP)

Damodar Prasad Sharma v. State of M. P.

2010-09-23

S.K.GANGELE

body2010
ORDER 1. Earlier petitioner has filed the application before the M.P. State Administrative Tribunal and registered as O.A. No. 23/01. After abolition of the Tribunal the application was transferred to this Court and registered as writ petition. 2. Petitioner has filed this petition in regard to absorption on the post of Assistant Professor. The petitioner further prayed that he be given all the benefits of revision of pay and further post retrial benefits. 3. The petitioner has a qualification of M.A. in Hindi Literature passed from Jiwaji University. He also passed Hindi Sahitya-Ratna. He was appointed as Lecturer in Hindi in a private college, named as Laxmi-Sarswati Gopal-Krishna College, Pohri, district Shivpuri on 12.1.1983. He was confirmed on the aforesaid post vide resolution dated 7.9.1984. The Jiwaji University, Gwalior vide Memo dated 21.5.1985 approved the appointment of the petitioner as Lecturer. 4. The aforesaid Laxmi-Saraswati Gopal-Krishna College Pohri was taken over by the State Government on 14th February 1987.Thereafter the services of the petitioner were terminated. He challenged the order of termination of his service before the High Court in a petition which was registered as Misc. Petition No. 23/89.This Court vide order dated 26th April 1995 allowed the petition with the following directions:- "6) The case of the petitioner is in no way distinguishable. Apart from this, it may be seen that in case the services of an employee is to be brought to an end on account of non-absorption, an opportunity of hearing is required to be given. Such is the view expressed by the Supreme Court in Mohd. Rashid Ahmed v. State of U.P. and others, AIR 1979 SC 592 and Mazharul Iskam Hashme v. State of U.P. and others, AIR 1979 SC 1237 . 7) Thus, looking from any point of view, the act of the respondents in non-continuance of the services of the petitioner cannot be sustained. This petition is allowed in the same terms laid down in Hemlata's case (supra)." 5. Thereafter, the petitioner was reinstated in service after filing a contempt petition, which was registered as MCC No. 613/96. He was posted in Government Graduate College, Jaura, district Morena. The petitioner was also absorbed in the Government service, however, as per the petitioner, he has not been given the benefits of regular pay scale nor the post retrial benefits. 6. Thereafter, the petitioner was reinstated in service after filing a contempt petition, which was registered as MCC No. 613/96. He was posted in Government Graduate College, Jaura, district Morena. The petitioner was also absorbed in the Government service, however, as per the petitioner, he has not been given the benefits of regular pay scale nor the post retrial benefits. 6. The respondents in the return stated that the petitioner did not have the requisite qualifications for his absorption as Assistant Professor after taking over of the college. However, the respondent filed an additional return and it has been submitted that the case of the petitioner was considered for absorption in the meeting of the Screening Committee dated 20.101999. The Screening Committee recommended the case of the petitioner for absorption. Consequently, the petitioner was absorbed in Government service. Vide an order dated 15th September 2000, it has been decided that the petitioner be kept in 'Dying Cadre' of Assistant Professor. 7. From the facts of the case, it is clear that initially the petitioner was appointed as Lecturer in a private college. His appointment was approved by the Jiwaji University vide order dated 21.5.1985 on the post of Lecturer ¼izk/;kid½ in Hindi, copy of which has been filed as Annexure P-4. Thereafter, the college has been taken over by the Government and on the recommendation of the Screening Committee the petitioner was absorbed in the Government Service. Though, he was placed in 'dying cadre, but the services of the petitioner have been absorbed in the Government service on the recommendations of the Screening Committee. In such circumstances, the petitioner is entitled to count past services rendered by him in a private institution after confirmation by the Jiwaji University for the purpose of seniority. He is also entitled for the pay-fixation and other benefits accordingly. 8. Hon'ble the Supreme Court in Dr. Chittaranjan, Shanna and others v. State of H.P. and another, (1996) 10 SCC 529 , has held, as under, in regard to right of an absorbed employee after absorption :- "4. It is seen that since the appellant had not fulfilled the requisite qualifications either when they were initially appointed by the Committee before take-over nor when statutory rules were made by the Governor so as to enable for absorption. It is seen that since the appellant had not fulfilled the requisite qualifications either when they were initially appointed by the Committee before take-over nor when statutory rules were made by the Governor so as to enable for absorption. Instead of retrenching them from service due to non-fulfillment of the requisite qualifications, the Government came to absorb them in the Ayurvedic Chikitsa Adhikaris posts etc. to which they are eligible. The Tribunal has given the direction to maintain the pay scales and to make adjustment and absorption. In our view directions are correct and based on equity and do not call for any interference. They may also be considered for further promotion from the absorbed posts in accordance with the rules. 5. The appeals are accordingly dismissed. No costs." 9. Hence, the petitioner is entitled for his pay-fixation and other benefits including seniority after absorption and post retrial benefits. 10. Consequently, the petition of the petitioner allowed with the following directions:- (1) The respondents are directed to grant seniority to the petitioner w.e.f 21.5.1985 when the University approved the appointment of the petitioner on the post of Assistant Professor. (2) The petitioner be also entitled for fixation of pay and other benefits and for the post retrial benefits including gratuity and pension after his retirement. (3) The order be complied with within a period of three months from the date of receipt of a certified copy of this order. (4) Looking to the facts of the case, there shall be no order as to costs.