State of M.P. vs Damodar Prasad Sharma

The appellant is aggrieved by the impugned order passed by this High Court in Writ Petition No.5908 of 2003 which was registered on conversion as OA No.23 of 2001 on account of abolition of State Administrative Tribunal.

Entire relief as claimed that is with respect to grant of retiral benefits and fixation of pay scale, even though the respondents were absorbed in the government service.

Learned Single Judge has considered this aspect of the matter and relevant paragraphs of the order dated 23.9.2010 passed in Writ Petition No.5908 of 2003 are paras, 5,6,7, 8 and 9 which are reproduced below :

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 retiral benefits.

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 20.10.1999. The Screening Committee recommended 2 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.

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 21.05.1985 on the post of Lecturer (***) 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 the pay-fixation and other benefits accordingly.

Hon''ble the Supreme Court in Dr Chittaranjan Sharma and Others Vs. State of H.P. and Another, , 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. Instead of retrenching them from service due to non-fulfilment 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 3 absorbed posts in accordance with the rules.

The appeals are accordingly dismissed. No costs."

Hence, the petitioner is entitled his pay-fixation and other benefits including seniority after absorption and post retiral benefits.

Consequently, the petition of the petitioner is allowed with the following directions :-

(1) The respondents are directed to grant seniority to the petitioner w.e.f. 21.05.1985 when the University approved the appointment of the petitioner on the post of Assistant Professor.

(2) The petitioner be also entitled fixation of pay and other benefits and the post retiral 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.

All the aforesaid paragraphs take care of the submissions made by learned counsel for the appellant with respect to the respondents not having qualification and not having asked for seniority with effect from 9th February, 1985. These submissions are misconceived in view of the complete analysis of the facts by the learned Single Judge.

Apparently, it is not in dispute that the respondents were absorbed in government service with effect from 14th February, 1987 and since that years, they were already in service, therefore, making submissions that they did not ask for seniority with effect from 21.5.1985 is of no 4 consequence.

Therefore, this writ appeal is dismissed. The appellants are directed to comply with the direction of four weeks from today..