DR. CHIITARANJAN SHARMA AND ORS.versusTHE STATE OF HIMACHAL PRADESH AND ANR.

A              DR. CHIITARANJAN SHARMA AND ORS.
                               v.
            THE STATE OF HIMACHAL PRADESH AND ANR.

                              SEPTEMBER 19,1996

B    [K. RAMASWAMY, FAIZAN UDDIN AND G.B. PAITANAIK, JJ.]

          Service Law :

          Abs01ption of employees of Aywvedic Degree College taken over by the
C State Govemmenf:-Regular absorptio!l made on the basis of recommenda-
    tions made by screening committee constituted for this purpose-Appellants
    not possessing the requisite qualifications-Hence absorbed in suitable ad-
    ministrative posts to which they were eligible-Challenged before the Tribunal
    and it directed to maintain their scale of pay and to absorb them in the post
    of Ayurvedic Chikitsa Adhikaris-<Jn appeal held, directions of Tribunal
D   based on equity and hence no inteiference called for.

          CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 1248-49
    of 1987.

          From the Judgment and Order dated 15.12.86 of the State Ad-
E ministrative Tribunal, Shimla in T. No. 74 and 77 of 1986.
          S.V. Deshpande for the Appellants.

         T. Sridharan, T.A. Khan, Shiva Pujan Singh and Rajiv Nanda for the
    Respondents.
F
          The following Order of the Court was delivered :

        These appeals by special leave arise from the order of the Ad-
  ministrative Tribunal made on December 15, 1986. Admittedly the H.I.M.
G Ayurvedic Degree College, Paprola, District Kangra was taken over by the
  Government and handed over to the H.P. Health and Family Welfare
  Department. Clause (3) of the agreement envisages as under :

             "The service of the existing staff, principal, Teaching Administra-
             tive and other employed on regular basis in the college who fulfil
H            the requisite qualifications and age conditions may be taken over
                                         526
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                  CHITTARANJAN SHARMA v. STATE                         527

        with effect from 3.3.1978 after due screening if done by a screening A
        committee constituted for this purpose by the Government in
        which 2 members i.e. principal and Manager from the Managing
        Committee shall also be included. Service of the present employees
        will be protected according to Government rules."

      In accordance therewith, the existing staff, principal, teaching, ad-
                                                                               B
ministrative and other employees employed on regular basis in the college
were eligible to be absorbed on regular basis provided they fulfilled the
following conditions : (1) they were appointed on regular basis in the
college before taking over; (2) they possessed the requisite qualifications
prescribed for the posts; and (3) they fulfilled the age condition at the time c
of taking over w.e.f. March 3, 1978. On fulfilment of all these conditions,
they would be sent to a screening committee constituted for the purpose
by the Government including to members, i.e., the Principal and Manager
to the Managing Committee to represent the employees in the screening
committee. On recommendation made by the Committee, the regular D
absorption could be made.

       Unfortunately, the appellants were not regularly appointed; nor did
they possess the requisite qualifications for absorption on regular basis in
the posts as on the date of the take over. Resultantly, mstead of throwing
them out of service by retrenchment, the Government issued the order           E
exercising the power under proviso to Article 309 of the Constitution on
May 24,1980 in consultation with the Himachal Pradesh Public Service
Commission and Rules for Recruitment and Promotion of the Ayurvedic
College employees, Paprola, District Kangra. Admittedly, the appellant
even than did not satisfy those qualifications prescribed under the Rules.     F
Resultantly, they were absorbed in suitable administrative posts to which
they are eligible. When they challenged their absorption, the Tribunal in
the impugned order directed to maintain the scale of pay which they were
drawing on the date of the take over and directed their absorption in the
posts of Ayurvedic Chikitsa Adhikaris etc. Thus, these appeals by special
leave.                                                                         G

      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      H
    528                   SUPREME COURT REPORTS (1996] SUPP. 6 S.C.R.

A   to nor-fulfilment of the requisite qu.llif'ications, 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 interfere!lce. They may also
B   be considered for further promotion from the absorbed posts in accord-
    anc~, with the rules.

           The appeals are accordingly dismissed. No. costs.

    G.N.                                                     Appeals dismissed.