Himachal Pradesh High Court
Secretary (Education) To vs Prem Lata on 30 June, 2022
Bench: Sabina, Satyen Vaidya
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF JUNE, 2022
BEFORE
.
HON'BLE MRS. JUSTICE SABINA,
&
HON'BLE MR. JUSTICE SATYEN VAIDYA
LETTERS PATENT APPEAL No.135 of 2012
ALONGWITH CONNECTED MATTERS
Between:-
1. STATE OF HP THROUGH
COMMISSIONER-CUM-
r to
1.LPA No.135 of 2012:
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-2 AND OTHERS.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA.
3. HIMACHAL PRADESH
UNIVERSITY, SUMMER HILL,
SHIMLA, THROUGH ITS
REGISTRAR. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
1. MISS PREM LATA THAPAR,
DAUGHTER OF LATE SH.
CHANAN RAM, RESIDENT OF
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VILLAGE & POST OFFICE AMB,
DISTRICT UNA, PRESENTLY
LECTURER IN SANSKRIT
MAHARANA PARTAP
GOVERNMENT COLLEGE AMB,
.
DISTRICT UNA (H.P.).
1-A SMT. KUSUM LATA,
WIDOW OF LATE SH. ANKUSH
SHARMA, SON OF SH. PARTAP
BHANU, VILLAGE BADERA,
SUB TESHIL JOL, DISTRICT
UNA, H.P., AT PRESENT
VILLAGE ADARSHNAGAR
AMB, TEHSIL AMB, DISTRICT
UNA, H.P. ....RESPONDENTS
(MR. SUNIL MOHAN GOEL,
ADVOCATE)
2.LPA No.268 of 2012:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA.
3. PRINCIPAL GOVERNMENT
COLLEGE DAULATPUR,
DISTRICT UNA, H.P. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
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MANORMA SHARMA,
DAUGHTER OF SHRI YUDISTIR
SHASHTRI, RESIDENT OF
VILLAGE AND POST OFFICE
.
AMB, TEHSIL AMB, DISTRICT
UNA, H.P. ....RESPONDENT
(NONE)
3.LPA No.278 of 2012:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
1. SHRI K.C. SOOD, SON OF SHRI
S.L. SOOD, LECTURER IN
ENGLISH, GOVERNMENT
COLLEGE AMB, DISTRICT UNA,
H.P.
2. SHRI K.D. SHARMA, SON OF
SHRI NAGINA RAM, LECTURER
IN ECONOMICS, GOVERNMENT
COLLEGE UNA, DISTRICT UNA,
H.P.
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3. SHRI C.J. DOGRA, SON OF SH.
BASANT RAM DOGRA,
LECTURER IN MATHEMATIC,
GOVERNMENT COLLEGE AMB,
.
DISTRICT UNA, H.P.
4. SHRI SUNIL DUTT SHARMA,
SON OF SHRI SHYAM DUTT
SHARMA, LECTURER IN
PHYSICAL EDUCATION,
GOVERNMENT COLLEGE AMB,
DISTRICT UNA, H.P.
5. SHRI Y.P. MISHRA, SON OF
SHRI JAYOTI SWARUP,
LECTURER IN POLITICAL
SCIENCE, GOVERNMENT
COLLEGE, NADAUN, DISTRICT
HAMIRPUR, H.P. ....RESPONDENTS
(NONE)
4.LPA No.299 of 2012:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-171001. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
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1. RAJ KUMAR KANWAR,
SON OF SH. KEHAR SINGH,
HOUSE NO.170-A, WARD-1,
KRISHNA NAGAR, HAMIRPUR,
PRESENTLY WORKING AS
.
ASSISTANT PROFESSOR
GOVERNMENT POST
GRADUATE DEGREE COLLEGE
HAMIRPUR, DISTRICT
HAMIRPUR, H.P.
2. SMT. KUSUM KALIA,
DAUGHTER OF SHRI RAM
NATH, LECTURER IN ENGLISH,
GOVERNMENT COLLEGE
NALAGARH, DISTRICT SOLAN,
H.P. ....RESPONDENTS
(BY MR. ANUP RATTAN,
ADVOCATE)
5.LPA No.336 of 2012:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-171001. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
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DR. SUMAN KUMAR,
SON OF SH. TARA CHAND,
LOHNA PALAMPUR, DISTRICT
KANGRA (HP), PRESENTLY
.
POSTED AS LECTURER IN
GOVERNMENT DEGREE
COLLEGE PALAMPUR. ....RESPONDENT
(BY MR. VIKAS RAJPUT,
ADVOCATE)
6.LPA No.64 of 2013:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-171001. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
1. SH. GANESH NAND SHARMA,
SON OF SH. BRAHMA NAND
SHARMA, VILLAGE KANHOL,
POST OFFICE DHIEMLA,
TEHSIL KANDAGHAT,
DISTRICT SOLAN, H.P.
2. SH. GURBACHAN SINGH
THAKUR, SON F SH. SAHIB
SINGH, VPO MALAN, TEHSIL &
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DISTRICT KANGRA, H.P.
3. SHRI UTTAM CHAND, SON OF
SHRI MADAN LAL, VILLAGE
LOWER CHAUNDRA, P.O.
CHAUNTRA, TEHSIL
.
JOGINDERNAGAR, DISTRICT
MANDI, H.P.
4. SHRI DHAN SINGH, SON OF
SH. GANUA SINGH, VILLAGE
SULTANPUR BILONI, P.O.
RAHIMKOT VIA DIBAI,
DISTRICT BULANDSHAHAR,
U.P.
5. SH. JAI SINGH, SON OF SHRI
KULDEEP SINGH, VILLAGE
KHABBAL, P.O. HAR, TEHSIL
JAWALI, DISTRICT KANGRA,
H.P.
6. SH. CHANDON ROY, SON OF
SHRI GOPAL CHANDER ROY,
VPO BAIJNATH, TEHSIL
BAIJNATH, DISTRICT KANGRA,
H.P.
7. SH. MILAP CHAND, SON F SHRI
WAZIR CHAND, VPO KANDI,
TEHSIL PALAMPUR, DISTRICT
KANGRA, H.P.
8. SH. SANDEEP SOOD, SON OF
SH. BANKA RAM SOOD, VPO
BAIJNATH, TEHSIL BAIJNATH,
DISTRICT KANGRA, H.P.
9. SHRI SHRUTI PARKASH, SON
OF SH. KHAZANA RAM,
VILLAGE JAMTHALA, POST
OFFICE LADBHAROL, TEHSIL
LADBHAROL, MANDI,
DISTRICT MANDI, H.P.
10. SH. RAJESH SOOD, SON OF
SH. AMAR NATH SOOD, VPO
RAJPUR, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P. ....RESPONDENTS
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11. HIMACHAL PRADESH
UNIVERSITY, SUMMER HILL,
SHIMLA, THROUGH ITS ....PROFORMA
REGISTRAR. RESPONDENT
.
(MR. SUNIL MOHAN GOEL,
ADVOCATE, FOR R-1 TO R-10)
7.LPA No.65 of 2013:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
OF HIMACHAL PRADESH,
SHIMLA-171001. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
1. SHRI R.S. RANDHWA, SON OF
LATE SH. MAN SNGH
RANDHWA, VILLAGE AND
POST OFFICE BAIJNATH,
DISTRICT KANGRA, H.P.
2. MRS. INDU KAUL, DAUGHTER
OF LATE SHRI MAKHAN LAL
KAUL, VILLAGE AND POST
OFFICE BAIJNATH, DISTRICT
KANGRA, H.P.
3. SHRI KULDEEP KUMAR
SHARMA, SON OF SHRI OM
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PARKASH SHARMA, HOUSE
NO.153, HOUSING BOARD
COLONY, BRINDABAN,
PALAMPUR, DISTRICT
KANGRA, H.P.
.
4. MRS. MEERU RANI,
DAUGHTER OF SHRI BASANT
LAL SHARMA, WIFE OF
KULDIP KUMAR SHARMA,
HOUSE NO.153, HOUSING
BOARD COLONY, BRINDABAN,
PALAMPUR, DISTRICT
KANGRA, H.P.
5. SHRI SANDEEP MAHAJAN,
SON OF SHRI RAVINDER
KUMAR GUPTA, GIKA AIMA,
PALAMPUR, DISTRICT
KANGRA, H.P.
6. SHRI ASHOK KUMAR
GOSWAMI, SON OF LATE SHRI
JAGAN NATH, VILLAGE AND
POST OFFICE BAIJNATH,
DISTRICT KANGRA, H.P.
7. SHRI ARUN KUMAR DIXIT, SON
OF SHRI MADAN LAL, VILLAGE
AND POST OFFICE GUGGA
SALOH, TEHSIL PALAMPUR
(VIA MARANDA), DISTT.
KANGRA, H.P.
8. DR. ASHWANI VARSHNEY,
SON OF SHRI OM PARKASH
GUPTA, "VIMAL PLAZA", 3/142,
MARRIS ROAD, (MR. RENUKA
HOSPITAL), ALIGARH-202002
(UP).
9. SHRI SANJEEV KUMAR
SHARMA, SON OF SH. MOOL
RAJ, SAI NIWAS, KESAR BATH,
NEAR CHOWDHARY HOSPITAL
PALAMPUR, DISTRICT
KANGRA, H.P.
10. DR. VEER PAL SINGH, SON OF
SHRI DURGA PAL SINGH,
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VILLAGE AND POST OFFICE
GADRANA, DISTRICT
ALIGARH, U.P.
11. DR. HARISH LAKHANPAL, SON
OF SHRI PREM NATH
.
LAKHANPAL, VILLAGE TUND,
P.O. BHUGNARA, TEHSIL
NURPUR, DISTRICT KANGRA,
H.P.
12. MISS YOGINDRA KAPOOR,
DAUGHTER OF SHRI
MATHURA PRASAD
MAHARAJA PALACE,
OPPOSITE DEGREE COLLEGE
BAIJNATH, DISTRICT KANGRA,
H.P.
13. MISS RENUE KAUL,
DAUGHTER OF LATE SHRI
MAKHAN LAL KAUL, GILL
NIWAS, VILLAGE AND POST
OFFICE BAIJNATH, DISTRICT
KANGRA, H.P.
14. MRS. SATINDER DOHROO,
DAUGHTER OF SH. MULAKH
RAJ SHARMA, C/O SHRI
SARBJIT K. DOHROO,
TARAPARI, DOHROO KUNJ,
BAIJNATH, DISTRICT KANGRA,
H.P. ....RESPONDENTS
(BY MR. SUNIL MOHAN GOEL,
ADVOCATE, FOR R-1 TO R-14)
15. HIMACHAL PRADESH
UNIVERSITY THRUGH ITS
REGISTRAR, SUMMER HILL, ....PROFORMA
SHIMLA-171005 (H.P.). RESPONDENT
8.LPA No.69 of 2013:
1. STATE OF HIMACHAL
PRADESH THROUGH
COMMISSIONER-CUM-
SECRETARY (EDUCATION) TO
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11
THE GOVERNMENT OF
HIMACHAL PRADESH,
SHIMLA-171002.
2. DIRECTOR OF HIGHER
EDUCATION, GOVERNMENT
.
OF HIMACHAL PRADESH,
SHIMLA-171001. ....APPELLANTS
(BY MR. ASHOK SHARMA,
ADVOCATE GENERAL WITH
MR. ASHWNI K. SHARMA,
ADDITIONAL ADVOCATE
GENERAL)
AND
1. SMT. SHASHI KIRAN ANGIRAS,
WIFE OF DR. NH ANGIRAS,
RESIDENT OF FRIENDS
COLONY, OPPOSITE SPEM
STATION, HOLTA, PALAMPUR,
DISTRICT KANGRA, H.P.
2. DR. MANJU KAUSHAL, WIFE
OF DR. R.K. VERMA, RESIDENT
OF SAL-SHIRAM CLOTH
HOUSE, MAIN BAZAAR,
BAIJNATH, DISTRICT KANGRA,
H.P.
3. SHRI SHIV BHARDWAJ, SON
OF SHRI O.P. BHARDWAJ,
RESIDENT OF BEHIND OLD
INCOME TAX OFFICE,
GHUGGAR, PALAMPUR,
DISTRICT KANGRA, H.P.
4. SHRI RAKESH MAHAJAN, SON
OF SHRI ROSHAN LAL GUPTA,
C/O DEV GENERAL STORE,
TIKA AIMA PALAMPUR,
DISTRICT KANRA, H.P.
5. SHRI ASHWANI NAYITAL, SON
OF SHRI BAL KRISHAN
NAYITAL, VILLAGE
PANTEHAR, POST OFFICE
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PATTI, TEHSIL PALAMPUR,
DISTRICT KANGRA, H.P.
6. DR. MADAN GILL, SON OF
LATE SHRI MEHTAP SINGH
GILL, RESIDENT OF GILL
.
NIWAS, NEAR PETRO PUMP,
BAIJNATH, DISTRICT KANGRA,
H.P.
7. DR. RAM CHAND VERMA, SON
OF SHRI KANSHI RAM,
RESIDENT OF CHAUHAN
BUILDING, LAMBE LANE, TUTI
KANDI, SHIMLA, AT PRESENT
LECTURER GOVERNMENT
POST GRADUATE COLLEGE,
SOLAN, H.P. ....RESPONDENTS
(BY MR. SUNIL MOHAN GOEL,
ADVOCATE)
__________________________________________________
These Letters Patent Appeals coming on for hearing
this day, Hon'ble Mrs. Justice Sabina, delivered the
following:
JUDGMENT
Vide this order, above mentioned appeals would be
disposed of, as they involve common issue/controversy.
2. Appellants-State has filed the appeals challenging
the orders passed by the learned Single Judge, whereby the
writ petitions filed by the respondents were allowed.
3. Facts are stated from LPA No.135 of 2012, titled
State of Himachal Pradesh & Others versus Prem Lata
Thapar.
.
4. Case of the respondent, in brief, was that the
respondent was working as a Lecturer in privately managed
National College Amb, since 4th September, 1974. The College
was taken over by the Government of Himachal Pradesh vide
Notification dated 27.06.1997 w.e.f. 18.06.1997. Twenty posts
of various categories were created by Commission-cum-
Secretary (Education) at the time of absorption of the staff and
out of them, eleven posts were of Lecturers in the scale of
Rs.2200-4000. Respondent was absorbed against one of the
posts meant for Lecturer. Vide Notification dated 18.01.1999,
the State had protected the pay of the Lecturers as on
27.06.1997. Respondent was getting pay scale of Rs.3700-
5700 at the time of her absorption and her basic pay scale
which had been protected by the State was Rs.4450/-.
However, at the time of revision of pay scales w.e.f.
01.01.1996, the Lecturers (College Cadre) were given the scale
of Rs.8000-275-13500 with selection grade of Rs.12000-420-
18000. Since the respondent was getting the selection grade of
Rs.3700-5700 on 18.06.1997, she was to be paid salary in the
revised scale (selection grade of Rs.12000-420-18000).
However, the appellants-State had declined to give the said pay
scale and consequently, respondent approached the erstwhile
.
Himachal Pradesh Administrative Tribunal at Shimla for
redressal of her grievance.
5. Appellants-State, in its reply, averred that the
respondent had been given senior scale of Rs.3000-5000 w.e.f.
01.01.1996 and selection grade of Rs.3700-5700 w.e.f.
04.09.1990 and her pay was fixed at Rs.3,000/- and 3,700/-,
respectively, as the erstwhile National College Amb, prior to its
being taken over by the State, was under 95% Grant-in-Aid
Scheme. The services of the respondent were taken over vide
Notification dated 23.03.1998 w.e.f. 18.06.1997 in the pay
scale of Rs.2200-4000 and she was drawing basic pay of
Rs.4,450/- in the privately managed college prior to its being
taken over by the State. The pay of the respondent was
protected at Rs.4000+450 w.e.f. 27.06.1997 vide Notification
dated 18.01.1999, subject to the condition that the pay of the
Lecture may be protected in initial scale of Rs.2200-4000 and
the portion of salary exceeding Rs.4000/- be treated as
personal pay. Therefore, respondent was not entitled for senior
selection scale of Rs.10000-15200 and 12000-18300.
6. After the abolition of the H.P. State Administrative
Tribunal, the case was transferred to this Court.
7. Learned Single Judge, vide impugned order,
.
allowed the writ petition filed by the respondent. Hence, the
Letters Patent Appeal by the State.
8. Mr. Ashok Sharma, learned Advocate General,
assisted by Mr. Ashwani K. Sharma, learned Additional
Advocate General, has submitted that the learned Single Judge
has erred in allowing the writ petitions. In fact, the respondents
could not be granted the pay scale in dispute in view of
Condition No.9 of Notification dated 25.08.1994. As per the said
condition, the staff after absorption was to be treated as fresh
entrant.
9. Learned counsel for the respondents, on the other
hand, have opposed the appeals and have submitted that as
per Clause 7 of Notification dated 25.08.1994, the pay scale
drawn by the respondents at the time of absorption had been
duly protected.
10. Admittedly, in the present case, the respondents
were working as Lecturers with a private College. The said
College was getting 95% Grant-in-Aid. The private College was
taken over by the State w.e.f. 18.06.1997. Relevant Conditions
No.7 & 9 of Notification dated 25.08.1994, read as under:-
"(7) The services of only qualified teaching and
.
non-teaching staff appointed one year
earlier who fulfill, prescribed departmental
recruitment and promotion rule conditions,
prevalent at the time of taking over will be
considered for taking over subject to the
approval of the State Public Service
Commission or Departmental Screening
Committee from the date of taking over. The
services of the Principal will be taken over
only as Senior most lecturer of the college
concerned subject to the above mentioned
proviso. The Government scales in respect
of the respective categories shall be
permissible to them after the take over.
(8) xxx xxx xxx
(9) All members (including principal) of the staff
will be treated as fresh entrants and they
will be placed at the bottom of the seniority
list, maintained in respect of Government
employees in their respective cadre from
the date of taking over, provided, in the
case of Ministerial staff."
11. A perusal of the above conditions reveal that so far
as Condition No.9 is concerned, the same relates to fixation of
seniority. As per the said condition, the absorbed staff of the
private College would be treated as fresh entrant and would be
placed at the bottom of seniority list maintained in respect of
.
Government employees in their respective cadre. So far as
Condition No.9 is concerned, the same does not refer to fixation
of pay of the absorbed employees.
12. Condition No.7 deals with the pay scale of the
absorbed employees. A perusal of Condition No.7, reproduced
above, shows that the Government scales in respect of the
respective categories of the absorbed employees, shall be
permissible to them after the take over. It has been clarified that
the staff to be taken over in College, would be entitled to
Government pay scales which the said staff had been getting at
the time of take over. This shows that vide Condition No.7, the
pay of the absorbed employees had been duly protected.
Hence, the argument raised by the learned Advocate General
to the effect that Condition No.9 was applicable for fixation of
pay scale, is without any force as the Condition No.9 does not
relate to pay fixation but it relates to fixation of seniority. Rather,
it is Condition No.7 which deals with fixation of pay of the
absorbed employees.
13. In these circumstances, the learned Single Judge
had rightly allowed the writ petitions filed by the respondents for
fixation of their pay at the time of taking over of the College. No
.
ground for interference is made out.
14. Accordingly, all the appeals are dismissed.
15. Pending miscellaneous application(s), if any, shall
also stand disposed of.
r to ( Sabina )
Judge
( Satyen Vaidya )
June 30, 2022 Judge
(Yashwant)
