Dr. Suraj Parkash Popli vs The State of Punjab

G.R. Majithia, J.—The petitioner has challenged the order of Governor of Punjab, dated December 20,1979 absorbing him on the post of Assistant Professor ENT in the Medical Education Service Class-I with effect from July 14, 1978 in this petition under Articles 226/227 of the Constitution of India.

The petitioner was working as Assistant Professor in the Postgraduate institute of Medical Education and Research, Chandigarh in the year, 1977. He was selected for the post of Associate Professor in Guru Gobind Singh Medical College, Faridkot and joined as such on May 26,1977. The said College was taken over by the Punjab Government by Punjab Guru Gobind Singh Medical College, Faridkot (Acquisition) and Miscellaneous Provisions Ordinance, 1978. The Ordinance was converted into a Bill, which resulted into the enactment of the Punjab Guru Gobind Singh Medical College, Faridkot (Acquisition) and Miscellaneous Provisions Act, 1978 (for short, the Act). The Act came into force on July 14,1978. In pursuance to the provisions of Sub-section (1) of Section 8 of the Act, the Punjab Government offered him appointment as Assistant Professor E.N.T. on the same terms and conditions as were allowed to him as Associate Professor E.N.T. The order reads thus:-

"In pursuance of the provisions of Sub-section (1) of Section 8 of the Punjab Guru Gobind Singh Medical College, Faridkot (Acquisition) and Miscellaneous Provisions Act, 1978, Dr. S.P. Popli who immediately before the 14th July, 1978, was employed in the Guru Gobind Singh Medical College Faridkot as Associate Professor E.N.T. in the scale of pay of Rs. 850-1250 plus Rs. 100/- per month as Special pay was offered the terms and conditions vide Punjab Government Memo No. 1 (321)/78-3 HBIII/4546, dated 3.5.1978. As he has given in writing his consent for being absorbed on the post of Assistant Professor E.N.T. on the terms and conditions aforesaid, the Governor of Punjab, is therefore, pleased to absorb Dr. S.P. Popli on the post of Assistant Professor ENT in the scale of pay of Rs. 850-60-100/50-1250 in the Medical Education Service Class-I with effect from the 14th July, 1978, on the terms and conditions accepted by him. His pay and seniority (amongst the Medical Education Service Class-I) shall be fixed with effect from the 14th July 1978 in accordance with the relevant rules and orders in force on the 14th July, 1948."

The petitioner accepted the offer of absorption as Assistant Professor under protest. The petitioner says that the State Government could not post him to a lower post than the one occupied by him before the commencement of the Act.

The respondent in its written statement has admitted that the petitioner was holding the post of Associate Professor on the day when Guru Gobind Singh Medical College was taken over by the State Government. The State Government created one post each of Professor, Assistant Professor, House Surgeon, Speech Therapist and Audiometrics Tech. in the department of E. N. T. at Guru Gobind Singh Medical College, Faridkot. No post of associate Professor in the department of E. N. T. was created. The petitioner was, therefore, offered the post of Assistant Professor ENT, which he accepted vide letter, dated May 16, 1979. If the petitioner was not willing to serve under the altered terms and conditions, he could leave the job as provided in proviso to Section 8 (1) of the Act.

The learned counsel for the petitioner submitted that on the appointed day, the petitioner was holding the office of Associate Professor and is entitled to hold the same on the same terms and conditions. The respondent could not demote him to a lower post. His absorption as Assistant Professor was not warranted u/s 8 of the Act. To appreciate the submission of the learned counsel, it will be relevant to reproduce the provisions of Section 8 of the Act, which read thus :

"Provisions relating to officers and other employees of Guru Gobind Singh Medical College: (1) Every officer or other employee, who immediately before the appointed day, is employed in, or in connection with the affairs of, the Guru Gobind Singh Medical College shall become, as from the appointed day, an officer or other employee, as the case may be of the State Government, and shall hold his office by the same tenure at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, gratuity and other matters as he would have held, if this Act had not been enacted, and shall continue to do so unless and until his employment under the State Government is duly terminated or until his remuneration, terms and conditions are duly altered by the State Government:

Provided that, if the alteration so made is not acceptable to any such officer or other employee, his employment may be terminated by the State Government by giving not less than three months'' notice or by paying an amount equivalent to three months'' remuneration:

Provided further that nothing contained in the Sub-section shall apply to any officer or other employee, who has by notice in writing given to the State Government within thirty days next following the appointed day, intimated his intention of not becoming an officer or other employee of the State Government.

(2) Notwithstanding anything contained in the Industrial Disputes Act, 1947, or in any other law for the time being in force, the transfer of the services of any officer or other employee, employed in, or in connection with the affairs of the Guru Gobind Singh Medical College to the State Government shall not entitle any such officer or other employee to any compensation under that Act, or any other law, and no such claim shall be entertained by any Court, tribunal or other authority.

(3) For the person who, immediately before the appointed day were the trustees for any pension, provident or gratuity fund or any other like fund constituted for the officers or other employees of the Guru Gobind Singh Medical College, there shall be substituted as trustees such person as the State Government may, by general or special order, specify."

Sub-section (1) of Section 8 of the Act states that an officer, who immediately before the appointed day, is employed in the Guru Gobind Singh Medical College shall hold his office on the same tenure at the same remuneration and upon the same privileges as to pension, gratuity and other matters as he would have held, if this Act had not been enacted. The officer, who was holding the office on the appointed day, has to hold the same on the same tenure on the same remuneration.

Learned counsel for the petitioner submits that by the term same tenure'' as stated in Sub-section (1) of Section 8 of the Act means the same office which the petitioner was holding on the appointed day. On the appointed day, the petitioner was holding the office of Associate Professor and as such, he was entitled to hold the same on the same tenure. The word ''tenure'' used in Sub-section (1) of Section 8 of the Act cannot be construed as an office. The word ''tenure'' as used in Sub-section (1) of Section 8 of the Act means only the period of service and it has no reference to the post held by the petitioner. The language of Section 8 of the Act suggests that the rights and privileges as to pension, gratuity and other matters as would have been enjoyed by the employee before taking over of the College have been safeguarded. The employee has not been granted the sane post, which he was occupying before the taking over of the College.

In Punjab University Vs. Khalsa College, Amristar and Others, , a Bench of this Court construed the term ''Tenure of office" and relying the Words and Phrases (Permanent Edition) Volume 41, page 356 held that the word "Tenure" when used in connection with the expression ''tenure of office'' means the terms of office. What is secured u/s 8(1) of the Act is the ''term of office'' and not the ''office''. The State Government could absorb the petitioner as Assistant Professor ENT on the same terms and conditions as were allowed to him as Associate Professor ENT. The petitioner''s terms and conditions of service have not been altered. Apart from this, on his absorption as Assistant Professor, the petitioner has become a member of the Medical Education Service Class-I with effect from July 14,1978. He became a member of the Medical Education Service Class-I consequent upon his absorption as Assistant Professor. Prior thereto, he was an employee of the Guru Gobind Singh Medical College, Faridkot. After his absorption as Assistant Professor, he has become a member of the Medical Education Service Class-I and he is entitled to higher promotions in terms of the service rules.

For the reasons stated above, there is no merit in the writ petition and the same is accordingly dismissed.