Surinder Mohan Sethi vs The State of Himachal Pradesh etc.

R.S. Pathak, C.J.—By this writ petition the Petitioner challenges an order dated July 13, 1973, passed by the Director of Education, Himachal Pradesh terminating his services.

In February 1971, the Petitioner was appointed by the Director of Education to the post of Gallery Assistant in the Bhuri Singh Museum, Chamba. On June 29, 1973, the Himachal Pradesh Government transferred the Museum Department from the Director of Education to the Director of Languages and Culture Affairs, Himachal Pradesh. An order of that date made by the Government declared that the Director of Language and Culture Affairs, Himachal Pradesh, would be the head of the Department of Museums. Thereafter, the Director of Education made an order dated July 13, 1973, terminating the services of the Petitioner.

Learned Counsel for the Petitioner contends that after the transfer of the Department of Museums to the administrative control of the Director of Language and Culture Affairs by the notification dated June 29, 1973, the Director of Education was no longer the administrative head in respect of the Petitioner and for that reason the order terminating the Petitioner''s services is void. The case of the Respondents is that although the notification dated June 29, 1973, was issued, the administrative control of the Department of Museums remained in fact with the Director of Education, and that he still continues to exercise administrative control over Museums.

The case taken by the Respondents is without force so far as the Petitioner is concerned. The Petitioner was appointed Gallery Assistant in the Bhuri Singh Museum. He was not appointed to any cadre but to a specific post. It is averred by him that there is no equivalent post in the Education Department. It is apparent that with the transfer of the Department of Museums the Petitioner must also be considered as having been transferred from the administrative control of the Director of Education to that of the Director of Language and Culture Affairs. The circumstance that in point of fact the Director of Education has not handed over charge to the Director of Language and Culture Affairs is of no significance. The notification dated June 29, 1973, operated within the domain of law; it brought about an immediate legal change as to the authority exercising administrative control. In law, administrative control was transferred from the Director of Education to the Director of Language and Culture Affairs as from June 29, 1973. In the absence of any statement to the contrary, the notification issued on that date came into effect immediately. Therefore, on July 13, 1973, the Director of Education had no longer any jurisdiction to make an order terminating the Petitioner''s services. Accordingly the order made by the Director of Education must be quashed.

In the circumstances, the other points raised by learned Counsel for the Petitioner need not be considered.

The writ petition is allowed. The order dated July 13, 1973, made by the Director of Education terminating the services of the Petitioner is quashed. The Petitioner is entitled to the costs of this petition, which I assess at Rs. 100.