ORDER : By way of instant petition, petitioner has prayed for following substantive reliefs:- (i) That impugned order dated 10.01.2019 passed by Erstwhile Himachal Pradesh Administrative Tribunal in T.A. No. 93 of 2015 ( Annexure P-4) may kindly be quashed and set aside. (ii) That the T.A. No. 93 of 2015, titled Rachpal Singh Dadhwal Vs. Principal Secretary (Education) may kindly be allowed and notification dated 04.01.2007 (Annexure P-9 of TA No. 93 of 2015) may kindly be quashed and set aside, to the effect that the services of the petitioner may be ordered to be taken over as Lecturer Physical Education (College Cadre) from due date i.e. 04.01.2007, along with all consequential benefits. (iii) That the respondents may kindly be directed to protect the last drawn salary of the petitioner which he was taking in privately managed colleges DAV College, Daulatpur Chowk, District Una, Himachal Pradesh on the post of Lecturer Physical Education (College Cadre) while taking over his services as Lecturer Physical Education by the Government w.e.f 04.01.2007. 2. Brief facts of the case are that petitioner was appointed Lecturer Physical Education (D.P.E) in D.A.V. College, Daulatpur Chowk, District Una, H.P. on 05.01.1979. At that time, petitioner held a Diploma in Physical Education from Nagpur University. In the year 1984, petitioner acquired M.A. Degree in History. Himachal Pradesh University approved the appointment of petitioner as Lecturer in Physical Education in D.A.V. College, Daulatpur Chowk, District Una, H.P. w.e.f. 03.10.1979, vide executive council decision dated 03.08.1991. 3. In the year 2007, respondent No.1 took over the management and also the services of teaching & non-teaching Staff of D.A.V. College, Daulatpur Chowk. The services of the petitioner were taken over as Lecturer (School Cadre) instead of Lecturer (College Cadre), vide notification dated 04.01.2007, on the premise that petitioner did not have the requisite qualification for the post of Lecturer Physical Education ( College), at the time of taking over of the College. 4. Petitioner immediately approached the Erstwhile Himachal Pradesh Administrative Tribunal by preferring original application which subsequently came to be registered as T.A. No. 93/2015, inter alia praying for quashing of notification dated 04.01.2007 qua the petitioner and directions to the respondents to take over the services of the petitioner as Lecturer (College Cadre) with all consequential benefits. The protection of the last drawn salary as Lecturer (College Cadre) was also sought. 5. The protection of the last drawn salary as Lecturer (College Cadre) was also sought. 5. The claim of the petitioner was contested by the respondents on the ground that essential qualification for the post of College Lecturer was M.A. with 55% marks in a particular faculty with NET/SET qualification. The learned Tribunal dismissed the T.A. No. 93/2015, vide order dated 10.01.2019 by holding that the petitioner at the time of take over of the College by State Government did not possess requisite qualification i.e. 55% marks in Masters Degree coupled with qualification of NET/SET. 6. This lead the petitioner to assail the order dated 10.01.2019, passed by erstwhile Himachal Pradesh Administrative Tribunal, by way of instant petition. 7. The main plank of challenge is that petitioner could not be put to disadvantageous position without any fault on his part. According to the petitioner, he held the requisite qualification as applicable at the time of his initial entry as D.P.E. in DAV College, Daulatpur Chowk in the year 1979. The subsequent change in R & P Rules would not be applicable in the case of petitioner, that too, when the college was taken over by the decision of the State Government at a juncture when petitioner was left with almost 3/½ years of service. The petitioner superannuated on 31.05.2010. 8. Respondents have contested the stand of the petitioner, on the grounds that the notification dated 04.01.2007, was strictly in accordance with law and the petitioner was not eligible for the post of Lecturer Physical Education(College Cadre) at the time of taking over the college as per prevalent R & P Rules. The prevalent R & P Rules required the incumbent to have 55% marks in Masters Degree with NET/SET as essential qualification. Further objection raised to the claim of the petitioner is that he was not eligible for the post of Lecturer(College Cadre) even at the time of his initial appointment in the college on 03.10.1979 as he possessed only Bachelor Degree with Diploma in Physical Education. The R&P Rules in vogue at that time required minimum essential qualification of Masters Degree with 2nd Class in the concerned subject. 9. We have heard learned counsel for the petitioner as well as learned Additional Advocate General for the respondent-State and gone through the record. 10. The R&P Rules in vogue at that time required minimum essential qualification of Masters Degree with 2nd Class in the concerned subject. 9. We have heard learned counsel for the petitioner as well as learned Additional Advocate General for the respondent-State and gone through the record. 10. Petitioner joined D.A.V. College, Daulatpur Chowk, District Una, H.P. in the year 1979 as Lecturer Physical Education (D.P.E.). The Recruitment & Promotion Rules in respect of Himachal Pradesh, Education Department, Class-III (College Cadre) Services notified on 08.11.1973, were in vogue. The minimum qualification for D.P.E., Degree Colleges and College of Education, were as under:- DPE (Degree Colleges and College of Education) - Class-III (Non-Gaz.) Rs. 300-600 N.A. Between 18 years and 35 years Essential: M.A. 2nd Class Degree in Physical Education (50% marks) OR M.P.E.(2nd Class 50% marks) degree (2 years course) OR M.A. degree in any subject with a 2nd class Diploma/Degree in Physical Education of a recognized University/Institution equivalent. 11. At the time of joining the College, petitioner had Bachelor Degree for Diploma in Physical Education. However, he improved his qualification by acquiring Masters Degree in History from Himcahal Pradesh University in 1984. Considering his subsequent acquisition of Masters Degree, the Himachal Pradesh University approved the appointment of petitioner in D.A.V. College, Daulapur Chowk, District Una, H.P. w.e.f 03.10.1979 in pursuance to executive council decision dated 03.08.1991 in that behalf. D.A.V. College, Daulatpur Chowk was a Government aided College receiving 95% grant. Petitioner was allowed to continue as Lecturer Physical Education in said college till 2007. Evidently, the basis for continuation of petitioner in such capacity was the approval of his appointment by Himachal Pradesh University w.e.f 03.10.1979. Petitioner was also allowed benefit of senior scale from time to time. In any case, petitioner had acquired Masters Degree in 1984. His appointment at the most could be recognized from the date of such acquisition. Whether initial appointment of petitioner is considered from 03.10.1979 or in 1984 i.e. the date of acquisition for the Masters Degree, would not have any effect on the determination of issue involved in the petition. Thus, it was too late for respondents to allege that the petitioner did not have the requisite qualification even at the time of his initial appointment in the College. On acquisition of Masters Degree, the petitioner had acquired the requisite qualification. Thus, it was too late for respondents to allege that the petitioner did not have the requisite qualification even at the time of his initial appointment in the College. On acquisition of Masters Degree, the petitioner had acquired the requisite qualification. It has been contended on behalf of the respondents that the recruitment and promotion rules prevalent at the time of initial appointment of petitioner also required Masters Degree with 2nd Class, whereas the degree acquired by the petitioner was in 3rd Class. Such contention also needs to be rejected for the reason that the relevant provisions of prevalent R &P Rules appears to be wrongly comprehended by the respondents. The requirement was M.A. Degree in any subject with a 2nd Class Diploma/Degree in Physical Education. The respondents required this Court to understand the said requirement as M.A. Degree with 2nd Class and Diploma/Degree in Physical Education, which in our considered view, is not the correct interpretation of the relevant clause. The words “with a” bifurcates the two parts of the provision i.e. M.A. Degree in any subject and 2nd Class Diploma/Degree in Physical Education. There cannot be any other interpretation as the words “2nd Class” and “Diploma/Degree in Physical Education” are in continuation. Thus, the words “2nd Class” are to be read with Diploma/Degree in Physical Education. The petitioner therefore, held the requisite qualification as per prevalent R & P Rules at the time of initial appointment especially in view of his acquiring Masters Degree in 1984 and the approval of his appointment by the executive council of the University in the year 1991 ex-post-facto. 12. The act of taking over of the D.A.V. College, Daulatpur Chowk by the State Government alongwith services of its staff was a decision taken in the year 2006-07. Petitioner had already rendered service of about 27 years by that time. Even after the amendment of R & P Rules prescribing minimum marks in Masters Degree with NET/SET qualification, petitioner was never asked to improve his qualification in terms of amended R & P Rules and thus was allowed to continue with his original qualification as Lecturer(College Cadre) till the College was taken over. It was the unilateral administrative decision of the State Government to take over the College, in which petitioner obviously could not have any say. It was the unilateral administrative decision of the State Government to take over the College, in which petitioner obviously could not have any say. There was no complaint that due to lack of qualification, petitioner had failed to discharge his duties. In such circumstances, the lack of qualifications with petitioner in terms of amended R & P Rules could not be used to his detriment. Admittedly, petitioner superannuated on 31.05.2010, meaning thereby that at the time of taking over the College by the Government, he was left with about 3/½ years of service. 13. Learned Tribunal has thus clearly erred in holding that the petitioner was not having the requisite qualification for the post of Lecturer(College Cadre) as prevalent at the time of taking over of the College. In the given fact situation, it was sufficient that petitioner was holding the essential qualification at the time of his initial appointment as approved by Himachal Pradesh University. That being so, lack of essential qualifications in terms of amended R & P Rules could not be used as a tool to deny the petitioner benefit of continuation of his service as Lecturer( College Cadre). It was the qualification at the time of initial appointment that was relevant and not the qualification as required under the amended R& P Rules at the time of taking over of the College. 14. In view of above discussion, the petition is allowed. Order dated 10.01.2019, passed by erstwhile Himachal Pradesh Administrative Tribunal, in T.A. No. 93/2015 ( Annexure P-4), is quashed and set-aside. Respondents are directed to treat the petitioner as Lecturer Physical Education (College Cadre) from the date of taking over of D.A.V. College, Daulatpur Chowk, District Una, H.P. by the State Government till 31.05.2010, on which date petitioner superannuated and to grant him all consequential benefits within eight weeks from the date of production of this judgment before respondent No.2. 15. Accordingly, the instant petition is disposed of, so also the pending application(s), if any.