ORDER : 1. This petition under Article 226 of the Constitution of India has been filed by the petitioner seeking for the following reliefs: “(i) That, this Hon'ble Court may kindly be pleased to set-aside the impugned order dated 03.06.2016 (Annexure P/1) and direct the respondents to absorb the service of petitioner in the post of Assistant Professor Chemistry from the date of absorption of identically placed other Assistant Professors of various subjects of respondent college along with equal benefits extended to them as regular government without any financial loss to the petitioner in accordance with law. (ii) That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 2. Brief facts of the case as projected by the petitioner are that, the petitioner was appointed as Assistant Professor in department of Chemistry in the respondent Gram Bharti Vidyapeeth, Hardi Bazaar Bilaspur, against the vacant and sanctioned post vide order dated 13.08.1983 in the pay scale of 700-1300- 1600/- after following due process of selection enumerated in statute no. 28 known as College Code of the Guru Ghasidas University Bilaspur. Accordingly the petitioner joined in 13.08.1983. As per requirement, the governing body of college sent requisition to the Madhya Pradesh Uccha Shiksha Anudan Ayog for grant in aid of 2 post of Assistant Professors out of which 1 post was in Chemistry subject and the approval was accorded by Uccha Shiksha Anudan Ayog vide order dated 19.07.1993. On the basis of approval the process of selection/appointment in respondent college was initiated under statute no. 28 in the year 1993. The petitioner was granted 3 increments from the date of joining on the ground that he had already completed the Ph.D. degree. 3. Initially the petitioner was appointed on probation for period of 2 year however after completing the probation period of 2 year satisfactorily, the service of the petitioner was confirmed vide order dated 15.05.1996, with effect from 14 Aug 1995. The petitioner had passed his schooling in the year 1982 (matriculation) with 51.25%, graduation in 1985 with 48.60%, P.G. in chemistry 1987 with 63.41%, and also completed Ph.D. in Chemistry in the year 1992. The petitioner had passed his schooling in the year 1982 (matriculation) with 51.25%, graduation in 1985 with 48.60%, P.G. in chemistry 1987 with 63.41%, and also completed Ph.D. in Chemistry in the year 1992. Apart from the above the petitioner has published 44 research papers in National and International journals and also participated in 16 National and International Conferences all over the world and till date 6 candidates have been awarded Ph.D. degree under the supervision of the petitioner apart from 9 M.Phil. degrees to the candidates. 4. The UGC prescribed API (Academic Performance Index), whereby the Assistant Professor is awarded marks according to the obligation of research papers in the journal and completing research projects and participating in National and International conferences and on the basis of award of Ph.D. to the candidates under the supervision of that Assistant Professor and for the writing of books. In view of above process of awarding marks the petitioner is awarded above 500 marks for API (Academic Performance Index) and by the Impugned order he will lose the benefit above marks, as 300 API (Academic Performance Index) marks is essential qualification for appointment/promotion in the post of Assistant Professor and 400 API (Academic Performance Index) marks are essential for appointment/promotion in the post of Assistant Professor. 5. The petitioner was granted promotion in senior pay scale grade vide order dated 03.08.2004 with effect from 21.11.1998 in the pay scale of Rs.10000- 15200/-. The petitioner was granted promotion in selection grade vide order dated 07.12.2007 with effect from 14.08.2003 in the pay scale of Rs.12000- 18300/-. The petitioner was granted benefit revised pay scale according to the recommendation of 5th Pay Commission from 01.01.1996 and 6th Pay Commission from 01.01.2006 and presently the petitioner is getting pay scale of Rs. 37400-6000/- with AGP Rs. 9000/- from 14.08.2006. The petitioner was granted benefit revised pay scale according to the recommendation of 5th Pay Commission from 01.01.1996 and 6th Pay Commission from 01.01.2006 and presently the petitioner is getting pay scale of Rs. 37400-6000/- with AGP Rs. 9000/- from 14.08.2006. Before absorption of Gram Bharti Vidyapeeth, Hardi Bazaar, District Korba, total about 30 teachers, including aided, non-aided, regular, adhoc and contract were working in the college, However out of above 30, 17 regular Assistant Professors, librarian/ Sports teacher, were granted aid by the respondent state, therefore on proposal of the governing body of the college absorption process was initiated by the respondent state somewhere in the year 2006, and ultimately the cabinet of respondent state had granted its approval on 21.12.2012, for absorption of Gram Bharti Vidyapeeth, Hardi Bazaar, District Korba in the Higher Education Department of Chhattisgarh and the formal order was issued on 19.09.2013 in the name of his Excellency The Governor absorbing the Gram Bharti Vidyapeeth, Hardi Bazaar, District Korba, with the consent of Finance Department by its order dated 26.07.2013. 6. The absorption order was issued but terms & conditions were mentioned to be prescribed later on in the order dated 19.09.2013, itself. From a bare perusal of order nowhere any whisper is seen regarding reversion of Cadre, Pay Scale and restrained from getting permanent post. Pension. Yearly Increment, Promotion, Revised Pay Scale and Pay Fixation. Thereafter on 23.05.2014, the setup of the respondent college was sanctioned and issued by the respondent state, whereby 2 post of Assistant Professor Chemistry, was sanctioned with pay scale of Rs 15600-39100 with AGP of Rs.6000. There is only 1 regular Assistant Professor working in chemistry department with grant in aid by respondent state and that is the petitioner and apart from petitioner there is no other regular teacher is working under chemistry department in respondent college, therefore from all angle the petitioner alone is entitled to claim absorption in the post of aforementioned sanctioned post of Assistant Professor Chemistry in the respondent college with all consequential benefits of government service. 7. On 23.05.2014, almost after 8 months of the merger order the respondent state issued the terms & conditions of absorption, which has been added apart from the agreement executed between the Government and the Governing Body and made applicable upon the absorption of respondent college. 7. On 23.05.2014, almost after 8 months of the merger order the respondent state issued the terms & conditions of absorption, which has been added apart from the agreement executed between the Government and the Governing Body and made applicable upon the absorption of respondent college. In this order it is prescribed that the Assistant Professors and other staffs have to submit an Affidavit with assurance that they have accepted all the terms & conditions prescribed in the agreement and as well as in Order dated 23.05.2014, failing which their services deemed to be dismissed from government service. In para 7(C) of the order prescribes that the Employees/Officers not appointed in grant in aid posts shall be removed from services and the order shall be issued, accordingly, meaning thereby all Employees/Officers appointed and working in posts for which grant in aid is approved and sanctioned by the respondent state shall be absorbed in the government service. 8. From a bare perusal of order dated 23.05.2014 again it is apparent that no whisper with regard to reversion of Cadre, Pay Scale and restrained from getting permanent post, Pensi Pension, Yearly Increment, Promotion, Revised Pay Scale and Pay Fixation is mentioned. On the contrary a compulsion was prescribed for executing affidavit by the employees accepting all the terms & conditions whether previously prescribed or later on failing which immediately the employee shall deemed to be dismissed from government service. 9. On 05.08.2014 a letter was issued by Joint Director Higher Education Department, Directorate, requiring appointment process, eligibility prescribed, eligibility hold by the petitioner at the time of appointment and the concerned documents from the Additional Director. Accordingly having no other no option, being circumscribed and believing bonafidely upon the respondents the petitioner executed affidavit accepting all the terms & conditions of aforementioned absorption prescribed by the respondents and the governing body, without any consultation/ information to the employees including the petitioner. 10. Though the absorption order was passed on 19.09.2013, the petitioner continued as Assistant Professor Chemistry in the respondent college and was waiting Pay Scale of Rs. 37400-67000 with AGP of Rs. 9000 Pay Scale, till March 2016 and told to get the same Pay Scale till May 2016. 10. Though the absorption order was passed on 19.09.2013, the petitioner continued as Assistant Professor Chemistry in the respondent college and was waiting Pay Scale of Rs. 37400-67000 with AGP of Rs. 9000 Pay Scale, till March 2016 and told to get the same Pay Scale till May 2016. Shockingly and Surprisingly vide impugned order dated 03.06.2016 the absorption order of petitioner along with 2 other assistant Professors was issued, absorbing their services in government service but as adhoc and temporary basis under dime cadre in basic salary of 15600 and AGP of Rs.600 and depriving them from the benefits of regular Government servant like regular yearly salary increment, regularization, promotion, pay fixation in revised pay scale etc. will not be granted to the petitioner on the basis that the petitioner is lacking in educational qualification and other terms of the absorption without disclosing the exact reason, that how the petitioner is lacking in educational qualification and other terms of the absorption and compelling the petitioner to execute an affidavit/promissory letter accepting all the terms & conditions of absorption. In the same process identically placed other Assistant Professors of same college have been duly absorbed in the Government service with all consequential benefits. 11. The Hon'ble Supreme Court in the case of “K. GOPINATHAN v/s. UNION OF INDIA” cited in (1992) 4 SCC 701 has categorically held that basic pay amount cannot be reduced. 12. The petitioner was appointed vide order dated 13.08.1993. under the provisions Statue No. 22 & 28 of Guru Ghasidas Vishvavidyalaya, formulated under Section 35 of Chhattisgarh Vishwavidyalaya Adhiniyam, 1973, whereby the eligibility for the post of Assistant Professor in any college was prescribed in the Statue No. 22 framed under Section 35(1) of Act, 1973 prescribing 2nd class master degree in concerned subjects as educational qualification which the petitioner is duly having, apart from that the petitioner has secured more than 50% in matriculation and having 48.60% marks in graduation and having Ph.D. degree in chemistry subject, though the petitioner is willing to absorb his services in government service, however aggrieved by the finding of holding not eligible to the petitioner on the pretext of educational qualification and other terms of the absorption, rendering him disentitled for the benefits granted to the regular government servant. 13. Petitioner has also completed one Research project duly approved by University Grants Commission and audit work etc. 13. Petitioner has also completed one Research project duly approved by University Grants Commission and audit work etc. had already been completed. Therefore two other projects have bee accorded by the University and C.G. Council of Science and Technology which is still going on. The petitioner has also authored 6 textbooks of Chemistry subject which have been duly published and circulated in the market by a reputed publication. The petitioner was also selected after thorough selection process for the post of Associate Professor Chemistry subject in the UDT department of Pt. Ravi Shankar University Raipur on 08.11.2012 in the pay scale of Rs. 37800-66000/- with 9000 AGP against vacant and sanctioned post for regular appointment, however the petitioner could not join due to non-issuance of relieving order by the respondent College with approval of respondent state, hence this petition. 14. Counsel for the parties jointly submit that the facts and issue involved in this petition is identical to that of Writ Petition (S) No. 2458 of 2016 (J.K. Mehta v/s State of Chhattisgarh & others) which has been decided by this Court. 15. It is not disputed in this case that the petitioner is working since 1983 and his college-Government Gramya Bharti Vidyapeeth, Hardi Bazaar, Korba was taken over by the Higher Education Department, State of Chhattisgarh. The respondents filed minutes of meeting dated 27.12.2014 of Screening Committee (Annexure R/3). It is held in para 1 as under : 16. The Screening Committee found the petitioner unsuitable/unfit for being absorbed in the post held by him. It is written in para 5 as under: la-dz- vf/kdkjh dk uke inuke fo"k; lfefr dh vuq'kalk fjekdZ 3 MkW- enu eqjkjh oS".ko lgk;d izk/;kid jlk;u'kkL= vuqi;qDr Lukrd Lrj ij 50 izfr'kr vad ugha gksus ls 17. The petitioner filed Annexure P/17 and P/18. Annexure P/18 is minutes of meeting of Screening Committee dated 04.09.2018, in which staff of Government Arts and Commerce Girls College, Devendra Nagar, Raipur were considered and it is clear that from tabulation sheet that some of professors at S.No. 11, 23, 24, 25 and many other candidates having less marks from the petitioner, found suitable by the Screening Committee. The respondents did not rebutted these documents and did not file any document in rebuttal of Annexure P/17and P/18. 18. The respondents did not rebutted these documents and did not file any document in rebuttal of Annexure P/17and P/18. 18. The Hon’ble Supreme Court dealing with the similar issue in the matter of “K. GOPINATHAN v/s UNION OF INDIA” reported in (1992) 4 SCC 701 held in para 7 & 8 as under: 7. On these facts the Tribunal comes to the conclusion as follows: "In fact on the date of absorption, the dearness allowance available under the Tamil Nadu Government Pay Scales was only Rs. 279 for the applicant, whereas the amount of DA available to him under the Central scales was Rs. 518. It is also to be noted that out of Rs. 518, an amount of Rs 214.70 has been merged with the pay. When the dearness pay of Rs 214.70 is added to the basic pay of Rs 390.00, we get the amount of Rs 604, which is higher than the basic pay of Government servant under the Tamil Nadu Government, attached to the post. We therefore hold that there has not been any reduction in the applicant's basic pay in substance, even though that basic pay consisted of two elements is different. Taking into account the fact that the Tamil Nadu Government scales were revised on April 1, 1978 and that of the Central Government on January 1, 1973, we are of the view that both the scales are not comparable. When a person is being governed by the Tamil Nadu Government pay scales while he was on deputation, and therefore as on February 1, 1983, is absorbed under Central scale of pay the diminution in basic pay of the applicant is bound to occur. We also notice that even though the basic pay of the applicant rose to Rs 604 from Rs 510 by virtue of the addition of the dearness pay of Rs 214.70 with the existing basic pay of Rs 390.00. Therefore, this is a case in which there has not been any real reduction in the basic pay of the applicant." 8. We are afraid we cannot subscribe to this reasoning. While upholding the view of Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No. 1680 of 1989 in SLP (C) No. 2196 of 1992, we have pointed out how the basic pay cannot be reduced. The same principle will be applicable to this case as well. We are afraid we cannot subscribe to this reasoning. While upholding the view of Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No. 1680 of 1989 in SLP (C) No. 2196 of 1992, we have pointed out how the basic pay cannot be reduced. The same principle will be applicable to this case as well. Accordingly, the appeal is allowed. However, there shall be no order as to costs.” 19. In view of the above, it is clear that other teachers and professors, who were having equal qualification to that of petitioner, are getting benefit of Government employee after absorption. It is also clear from Bharti Niyam, 1967 that at the time of appointment of petitioner, qualification as mentioned in schedule-Three is as under: ^^O;k[;krk& 21 o"kZ 25 o"kZ mikf/k egkfo