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PETITIONER: STATE OF PUNJAB & ORS.

       Vs.

RESPONDENT: GURSHARAN SING & ORS.

DATE OF JUDGMENT:       06/12/1996

BENCH: K. RAMASWAMY, G.T. NANAVATI

ACT:

HEADNOTE:

JUDGMENT:                          O R D E R      Impleadment petition is dismissed.      Laave Granted.  We have  heard learned  counsel for the parties.      These appeals  by special leave arise from the judgment of the  Division Bench of the Punjab and Haryana High Court, made on February 2, 1993 in CWP Nos, 1629 and 1976/1992. The Government Engineering  College, Bhatinda  with the existing staff was handed over to a society, an autonomous body, as a result of  the Government  decision dated  January 26, 1992. The  respondents   who  are  the  Governments  who  are  the Government employees  files writ  petitions contending  that they  are   not  agreeable  to  further  transfer  with  the institution  and   pleaded  for   their  absorption  in  the Government Departments. The High Court in the impugned order has  directed   to  absorb   all  of   them  is   Government institutions on  permanent basis.  Feeling aggrieved,  these appeals by  special leave  have  been  filed  by  the  State Government. It  is settled  law that a Government servant on abolition of  the post  is required  to be  either dismissed from service due to non-availability of post or may be dealt with according to the policy. Similar would be the situation when the Government decodes to had over its institution to a private body. By order of this Court dated April 18, 1996 it was recorded  that the  14 named  respondents have  opted to insist upon  their absorption  in the Government service and the  rest  of  them  have  agreed  to  be  absorbed  in  the institution taken over by the autonomous body. Consequently, we wanted  to ascertain from the Government whether it would be possible for the Government to allow them to retain their status  as   Government  servants  in  any  vacancy  in  any Department  and/or  in  any  college  under  their  control, Counsel had  sought for and permission was given to consider the above  suggestion given  by the  learned counsel for the respondents. Pursuant  thereto, an  affidavit has been filed by Ranjit Sing, Additional Director, Technical Education and Industrial Training,  Punjabi.  In  that  affidavit,  it  is stated that  the  Government  have  decided  to  absorb  the following seven respondents working in non-teaching staff in the college:

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    1. Shri Gurjant Singh      2. Shri Kulwant Singh      3. Shri Ved Prakash      4. Shri Gian Singh      5. Shri Lakshim Chand      6. Mrs. Kamaljit Kaur      7. Shri Surinder Mittal      They have  decided to  absorb them  in  the  Government service immediately  in any  of the  institutions under  the Directorate of  Technical Education and Industrial Training, Punjabi  on  the  posts  in  the  same  scale  of  pay.  The respondents have  agreed for  the same  and  therefore,  the appellant is  directed to  absorb them  in the same scale of pay in  the same  post in  any of  the institution under the control  of  the  Directorate  of  Technical  Education  and Industrial Training, Punjab.      As regards  the 5  Lecturers, namely,  (1) Sh. Prabhjot Singh; (2)  Sh. Manwinder  Singh; (3)  Sh. Pawan Kapoor; (4) Sh. Amarjit  Singh and (5) Dr. Sarita Chopra it is stated in the affidavit  that they  were working  at the time when the said college was taken over by the Society in the year 1992, as Lecturers.  As a  result they  were carrying the scale of pay of  Rs. 2200-4000/-as on the date. It is stated that the Government is prepared to absorb them as Lecturers in any of the Polytechnics  of the  State  under  the  Directorate  of technical Education  and Industrial  Training, Punjab with a special pay  of Rs.  200/- per  mensum.  Shri  P.H.  Parekh, learned Counsel  for the  respondents, states  that even  as early as  1992-93 advertisement  was made for recruitment of Lecturers either  with the  same scale if pay or lower scale of  pay   and  such   recruitment  was  regularly  going  in thereafter and  as recently  as on  October 4,  1996 further advertisement came  to be  made  inviting  applications  for recruitment. Therefore,  there  is  on  impediment  for  the Government to  absorb them in any of the college, instead of polytechincs, where  they can  improve their  qualifications and chances  of service  tenure. Even  if on  vacancies  are existing at  present, they  are prepared  to wait  till  the vacancies  aries   arise.  We  are  of  the  view  that  the suggestion  made   by  Shri   P.H.  Parekh   appears  to  be reasonable. Undoubtedly, they have been working as Lecturers in the Colleges which are Government colleges with status as Government servants.  Under these circumstances, it would be appropriate to  absorb them in any of the colleges intead of poly-technical Institutions.  Therefore, the  appellants are directed to  absorb them in any of the colleges as Lecturers in the  same scale  of pay.  If there are no vacancies as at present, they  are directed  to  be  absorbed  as  and  when vacancies arise. Until then, the respondents are directed to work in  the poly-technical  Institutions as  Lecturers,  as suggested in the counter-affidavit.      Professor Inderjit  Sing is working in the scale of pay of Rs.  4,500-7, 300/-.  It is  stated in the affidavit that there is  no equivalent  post  but  the  post  of  Executive Engineer in Public Health Department, Punjab in the grade of Rs.3000-4500/- is  available. Therefore, if he is agreeable, Government have  no abjection to absorb him in the said post but subject to the result of enquiry pending against him. In the affidavit  filed by  Inderjit Singh,  he has stated that according to  his information,  as many  as  five  posts  of principals in the Polytechnics are available in the scale of pay of  Rs.4125-5600/-. He is prepared for his absorption in any one  of those  institutions or  any institution in which the vacancy  may be available. Therefore, instead of sending him as  an Executive  engineer, he  may  be  absorbed  as  a

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principal of  any polytechnical  Institution, i.e., teaching institution in  which he  is working  as a  teaching  staff. Subject to  the Rules  of recruitment  of the Principal, the Government is  directed to  consider him for absorption as a principal in  any of  the five  institutions named  by  him, viz., (i)  Post of  Principal, Government  Polytechnical  at Khooni Mazra,  District Ropar;  (ii) Principal of Government Polytechnic Lehna  Ganga, District  Sangrur; (iii)  Post  of Principal  Government   Polytechnic  Bhikhi-wind,   District Amritsar; (iv) Post of Principal, Government Polytechnic for Women at  Patiala; and  (v)  Post  of  Principal  Government Polytechnic for Women at Amritsar or any of the institutions that may be available. It is made clear that this absorption will subject be to the following conditions:      (i) In the event of pending enquiry      results  against   him,  then  this      absorption would  not sand  in  the      way of  the appellants  for  taking      such  disciplinary   action  as  is      available according to the Rules;      (ii)   In    the   event   of   his      exoneration from  the charge in the      departmental enquiry,  he  will  be      fitted into the scale of pay of Rs.      4125-5600/-  subject   to   he   is      drawing the present scale of pay as      on  the  taking  over  in  1992  as      special pay to him;      (iii) His fitment as Principal will      be in  accordance  with  the  Rules      applicable to  the  Rules  and  his      fulfilling the qualifications.      As regards Dr. G.S. Sekhon, he is at present working as Assistant professor  in the scale of pay of Rs. 3700-5700/-. It is  stated in  the affidavit and also rejoinder affidavit had written  to Education Department to make efforts to fine an equivalent  grade for  placement of Dr. Sekhon. Education Department has reported that lecturers appointed Pursuant to the selection by the Punjab Public Service Commission in the colleges, are  recruited in  the  grade  of  Rs.2200-4000/-. Therefore, it  is difficult  to adjust  him in  the scale of rs.3700-5700/-. Government, therefore, has decided to absorb him as  a Lecturer  in the  scale of  Rs.2200-4000/- with  a special pay  of  Rs.  200/-.  If  it  is  agreeable  to  the respondent,  the  Government  have  no  objections  for  his absorption as  a Lecturer.  It is  stated in  the  affidavit filed by  Dr. Sekhon  that he  has no  objection  for  being absorbed as a Lecturer in the scale of pay of Rs.2200-4000/- . Under  these circumstances, the appellants are directed to absorb him  as a  Lecturer in Physics and Mathematics in any of the  Governments Colleges in the scale of pay of Rs.2200- 4000/- protecting his last drawn scale of pay in 1992 in the scale of Rs.3700-4700/- with a special pay.      Mr.  Pawan  Kapoor  and  Amarjit  Singh  are  Presently working as  a Lecturers  in the College of Engineering taken over by  the Society.  Though in  his affidavit  Shri Ranjit Singh, Additional  Director has  not dealt with their claims for absorption  in the  Government service, in the affidavit filed by Dr. Sekhon in para 15, it is stated as under:      "That the  respondent No. 13 and 18      are teaching  as  lecturer  in  the      subject of  Mechancical Engineering      in the  College of  Engineering and      Technology, Bhatinda.  They can  be      absorbed against the posts of S.D.E

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    Irrigation  department;   Assistant      Divisional Manager (Store/Purchase)      State     Transport     Department;      Assistant  Director   of  factories      Labour  Department;  S.D.E.  Public      Health Department  and S.D.E. (B&R)      Department of Punjab Government. To      the best  of knowledge  two post of      S.D.E.  Irrigation  Department  are      lying vacant with the Government of      Punjab."      In view  of the above statement, we think that if there is no  post available in any of the Engineering Colleges for absorption as Lecturer, it will be open to the Government to absorb  them   as  Sub-Divisional  Engineers  in  Irrigation Department,  Assistant   Division  Manager  (Store/Purchase) State Transport  Department; Assistant Director of Factories Labour  Department;   S.D.E.  (B&R)   Department  of  Punjab Government.  Therefore,   it  is   open  to  the  Government appellant to  absorb the  two persons  in any  of those post mentioned or  any equivalent  post to  which  the  Rules  of recruitment would permit.      The appeals are according disposed of. No costs.