DR. S.K. KHANNA AND ORS. ETC. ETC. versus STATE OF HARYANA AND ORS. ETC. ETC.

Citation: [1993] SUPP. 3 S.C.R. 645 · Decided: 05-11-1993 · Supreme Court of India · Bench: M.M. PUNCHHI, YOGESHWAR DAYAL

Judgment (excerpt)

DR. S.K. KHANNA AND ORS. ETC. ETC. 
v. 
STATE OF HARYANA AND ORS. ETC. ETC. 
NOVEMBER 5, 1993. 
[MADAN MOHAN PUNCHHI AND YOGESHWAR DAYAL, JJ.) 
Service Law-Lecturers in private college-Promoted as senior Lec-
tures-R.ecommendation of University Grants Commission-Revision of and 
uniformity in Pay Scales-Merger into one cadre with retrospective ef-
fect-Promotion orders after the merger· cancelled as infructuous-College 
taken over by Government along with entire staff-Regularisation and absorp-
tion as Lec:Urer.s-Whether amounts to demotion-Representation to Govern-
ment claiming status as senior Lecturers-R.ejection by Govemmen~Validity 
of. 
These appeals were filed by some candidates who were appointed as 
A 
B 
c 
D 
Lecturers in a private college and thereafter promoted as Senior Lecturers 
under the University Grants Commission Sche.me. In 1976, the Commis-
sioner and Secretary to the Government wrote to the Director of Public 
Instructions to the effect that there was to be only one grade for Lecturers. 
Both the grades of Senior and Junior Lecturers as well as the grade of E 
Lecturers (Selection Grade) were made into one grade of Lecturers on a 
pay scales of Rs. 700-1600. 
In view of the aforesaid revision and the uniformity in pay-scales in 
accordance with the recommendations of the University Grants Commis-
sion, the pay-scales were revised with effect from 1.1.1973. Consequent 
upon the said changes, the question of promotion from one category 
(Lecturer) to another i.e. (Senior Lecturer) had been done away with, 
effective from 1.1.1973, that is, with retrospective effect and certain promo-
F 
tion orders issued in 1974 came to be cancelled as iJ!fructuous. The G 
cancellation of promotion was in relation to various Lecturers • some in . 
private colleges but mostly in Government Colleges. The College in which 
some of the candidates were working was taken over in 1974 by the State 
Government, and the services of the entire staff were placed at the disposal 
of the Government and their services were regularised in 1980. Repre-
sentation was made to the Government against the order issued in 1980 H 
645 
646 
SUPREME COURT REPORTS [1993) SUPP. 3 S.C.R. 
A by which the rank of the erstwhile Lecturers promoted as Senior Lecturers. 
was allegedly reduced to that of Lecturers. The Government rejected th~ 
representation. Thereafter the promoted Senior Lecturers filed a suit 
claiming their status as Senior Lectures. 
The trial court held that the plaintiffs had no cause of action and 
B the suit was not maintainable. It also held that since the plaintiffs were 
appointed Lecturers and joined as such, they were estopped from raising 
any contention that they were appointed as Senior Lecturers and that they 
were entitled to continue as Senior Lecturers. The plaintiffs preferred an 
appeal and the lower appellate court allowed the same and held that the 
C plaintiffs had to be treated as new entrants in the cadre of Senior Lectures. 
Accordingly, it set aside the judgment of the trial court. 
The appeal preferred by the State Government was dismissed by the 
High Court. On appeal, by special leave. 
D 
This court allowed the appeals, and 
HELD : 1. The plaintiffs had knowingly accepted the offer for ap~ 
pojotment as Lecturers and the order of appointment dated 14th March, 
1980 is merely an order of regularisation in consultation with the Public 
E Service Commission and, therefore, it cannot be called an order of demo· 
lion. There is no right in the plaintiffs, who were working as Senior 
Lecturers in the erstwhile private institutions, to be absorbed as Senior 
Lecturers when the institution is taken over by the Government. There 
could be no promotion from Lecturer to Senior Lecturer after 1st January, 
1973 either in Government colleges or private colleges in view of the order 
F 
of the Governor, dated 21st September, 1976 which came to be effective 
retrospectively from 1.1.1973. [657·A·B) 
2. As regards the seniority list maintained by the Government in 
respect of the Senior Lecturers, it should not be forgotten that promotion 
fioom Lecturer to Senior Lecturer had been done away with effect from the 
G 1st January, 1973, and if there were Senior Lecturers promoted from 
Lecturers before that date, there is bound to be a separate list of them. 
That does not mean that the erstwhile Senior Lecturers who could not be 
Senior Lecturers after 1st January, 1973 could claim to join that list at 
any plac

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