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

Citation: [1996] SUPP. 6 S.C.R. 526 · Decided: 19-09-1996 · Supreme Court of India · Bench: K. RAMASWAMY, FAIZAN UDDIN, G.B. PATTANAIK · Disposal: Dismissed

Judgment (excerpt)

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. 
F 
S.V. Deshpande for the Appellants. 
T. Sridharan, T.A. Khan, Shiva Pujan Singh and Rajiv Nanda for the 
Respondents. 
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 : 
H 
"The service of the existing staff, principal, Teaching Administra-
tive and other employed on regular basis in the college who fulfil 
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-
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 
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 
B 
c 
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

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