LexSTATE OF PUNJAB AND ORS. versus GURSHARAN SINGH AND ORS.
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STATE OF PUNJAB AND ORS. v. GURSHARAN SINGH AND ORS. DECEMBER 6, 1996 [K. RAMASWAMY AND G.T. NANA VAT!, JJ.] Service law-Government Institution-Handing over to Society-Ab· sorption of existing employees in Government Departments-Oovemment En- gineering College Bhatinda-Pursuant to Government decision handed over to A B a Society, an autonomous body-Writ filed by employees for absorption in C Government Department-Directions issued by Government to absorlJ all of them in Government Institutions on permanent basis-Appeal preferred by State Government-Held a Government servant on abolition of the post is re- quired 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 D Government decides to hand over its institution to a private body-Decision of government to absorlJ teaching and non-teaching staff-Consequential direc- tions issued by Supreme Court. CIVIL APPELLATE JURISDICTION: CivilApµeal Nos.16812-13 ~~ E From the Judgment and Order dated 2.2.93 of the Punjab & Haryana High Court in C.W.P. No. 1629 and 1976 of 1992. H.S. Muojral and R.S. Suri for the Appellants. F Harbans Lal, D.V. Sehgal, P.H. Parekh (Ms. B.K. Brar) Ms. Bina Madhawan, Ashok Mahajan and M.K. Dua for the Respondents. The following Order of the Court was delivered : Impleadment petition is dismissed. Leave granted. We have heard learned couosel 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 G 2, 1993 in CWP Nos. 1629 and 1976/1992. The Government Engineering H 663 664 SUPREME COURT REPORTS (1996) SUPP. 9 S.C.R. A 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 Government employees filed writ petitions contending that they are not agreeable to further transfer with the institution and pleaded for their absorption in the Government Depart- ~ ments. The High Court in the impugned order has directed to absorb all of them in 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 C the Government decides to hand 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 D 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 giveri by the learned counsel for the respondents. Pursuant thereto, an affidavit E has been filed by Ranjit Singh, Additional Director, Technical Education and Industrial Training, Punjab. in that affidavit, it is stated that the Government have decided to absorb the following seven respondents work- ing in non-teaching staff in the college: 1. Shri Gurjant Singh F 2. Shri Kulwant Singh 3. Shri Ved Prakash G 4. Shri Gian Singh 5. Shri Lakshmi Chand 6c Mrs. Kamaljit Kaur ' .iJl*f ,, ~· H 1 , .,, 7. Shri Surinder Mittal, STAIB v. GURSHARAN SINGH 665 They have decided to absorb them in the Government service 'A immediately in any of the institutions under the Directorate of Technical Education and Industrial Training, Punjab 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 institutions under the control of the Directorate of ' B 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) C Dr. Sarita Chopra it is stated in the affidavit that they were workin
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