(1.) THE petitioner by this petition under Article 226 of the Constitution seeks a writ of Mandamus commanding the State Government to fix the pay -scale of the petitioner as Senior Lecturer and Professor from 1st April, 1958 in the unified scale, and a writ in the nature of certiorari to quash the order relating to the absorption of the petitioner which is exhibited as Annexure A. 36 to the petition.
(2.) The facts and circumstances leading up to this petition are these. The petitioner was appointed as a Lecturer on 24th July, 1952 in the State of Bhopal and was confirmed on that post on 18th July, 1956. From ht November, 1956 the new State of Madhya Pradesh came to be constituted under the States Reorganisation Act, 1956. By an order dated 22nd August, 1957 the petitioner was appointed "temporarily until further orders as officiating Senior Lecturer in Hindi" in the Maharaja College, Chhatarpur in the scale of 350 -350 -25 -500 -500 -EB -25 -700 -700 -EB -30 -850. It was also mentioned in the order that the scale of pay and the designation of post were subject to revision at any stage by the Government. The petitioner joined the new post on 26th August, 1957. By an order dated 17th August, 1960 the petitioner was transferred in the same capacity, pay and pay -scale to T.R.S. College; Rewa. Subsequently, by an order dated 6th July, 1964 the petitioner was transferred to Government Science College, Raipur in the same capacity, pay and pay -scale. In this order the petitioner was described as Professor. Thereafter, on 28th July, 1966 the petitioner was transferred in the same capacity, pay and pay scale to the Government Degree College, Shivpuri. Here also the petitioner was described as Professor. As a result of the formation of the new State, de State Government took up the work of integration and re -organisation of services. In the final gradation list which was published by an order dated 24th July, 1961 and which had the effect as if in force on 1st November, 1956, the petitioner was shown in category V as a Lecturer. In 1959 the Governor of Madhya Pradesh in exercise of his powers under Article 309 of the Constitution made the Madhya Pradesh Unification of Pay Scale and Fixation of Pay on Absorption Rules, 1959. We shall revert to the provisions of these rules later. On 18th May, 1960 the Government sanctioned unified scales of pay by order No. 1765/3184/I -Integ which is as under:
"The State Government are pleased to sanction for the posts specified in column (1) of the schedule appended hereto, unified scales of pay specified in the corresponding entry in column (6) thereof."
* * * *
Name of Department..........................................Education
Name of Establishment..........................Collegiate Education
Pay -scale on the 31st October, 1956.
Description of MK MB VP Bhopal Unified
(1) (2) (3) (4) (5) (6)
Class I. Collegiate (Non -Technical Education)
Principal Rs. 1000 -50 - Rs. 700 -40 -900 Rs. 700 -40 -900 . For Colleges
1250 (cond - (at Gwalior, 50 -1000 - For with postgraduate
ucting research Indore, Ujjain) Post Degree courses to be Colleges. specified from
time to time Rs.
1000 -40 -1200
Rs. 850 -50 - Rs. 600 -30 -750 Rs. 600 -25 - Rs. 350 -350 - For Degree
900 -40 -1100 for Girls Col - 700 -700 -EB 25 -500 -500 - and Post -De
(for others) leges at Gwa - 30 -850 for Bar -25 -700 - Degree Arts
liar and Indore Degree Col - 700 -Bar -30 - and Science
College at Rat - leges. 850 plus spe - Colleges. Rs.
lam. cial pay Rs. 750 -25 -850
150/ -. 30 -1000.
Readers Rs. 400 -25 - . .. .. Rs. 475 -500
550 Bar -25 - 500 -25 -600 - 800. 600 -Bar -30 -
Professors Rs. 350 -350 Prof. Rs. 400 Rs. 500 -30 -800 750 -25 -850
25 -500 -500 - 20 -600 -20 -750. (to be design -
Bar 25 - nated as
700 -700 -Bar Professors) 30 -850
Senior ... . Rs. 350 -350 -
Lecturers 25 -500 - 500 -
EB -25 -700 -
700 -EB -30 - 850 -
Assistant Rs. 300 -20 -500 .. . Rs. 310 -15 -
Professors Bar -20 -600. 340 -20 -500 -
500 -Bar -25 -600
Junior Rs. 250 -20 -500 - .. . to be designated
Professors. plus Rs. 50 for as Assistant
Heads of Professor")
Senior .. Rs. 300 -20 -500 -
Lecturers 500 -Bar -20 -600
(1) (2) (3) (4) (5) (6)
Lecturers. Rs. 225 -225 - 250 -15 -400 - (1) Rs. 300 - Rs. 200 -15 -360 - Rs. 225 -225 -
Rs. 250 -20 - Bar 25 -450. 20 -500 -500 - EB -20 -450. 250 -15 -340 -
350 -Bar -20 - EB -20 -600 Bar -20 -500. 470 -485 -500.
(2) Rs. 300 -
(3) Rs. 250 -
15 -400 -Bar - 20 -500.
(4) Rs. 200 -
15 -350 -EB - 20 -450.
On 22nd August, 1962 the State Government issued an absorption order in respect of the petitioner which was as follows:
"Shri Dr. S.S.L. Dixit, of the former State of Bhopal is deemed to have been absorbed Finally/Provisionally against the post of LECTURER with effect from 1 -11 -56 included in the cadre of LECTURER in the new State of Madhya Pradesh and the said post shall, for the purpose of Unification of Pay Scales and Fixation of Pay on Absorption Rules, 1959, be the "past of absorption in respect of him within the meaning of clause (g) of rule 2 of the said Rules.
2. Shri Dr. S.S.L. Dixit who has been officiating in the post of JUNIOR PROFESSOR with effect from 28 -7 -1957 to...............shall be deemed to be holding purely in an officiating capacity the post of ASSISTANT PROFESSOR in the unified scale until further orders."
It will be seen that although the petitioner was through out working as Senior Lecturer or Professor with effect from 26th August, 1957, paragraph 2, of the aforesaid order recited wrongly that the petitioner has been officiating on the post of Junior Professor which was a post lower in rank to the post of Senior Lecturer or Professor. It seems that representations were made by the petitioner objecting to paragraph 2 of the aforesaid order. As a result, the Government by order dated 2nd January, 1963 cancelled the absorption order as a whale. Another absorption order in relation to the petitioner was then passed after nearly four years on 5th January, 1967 which is as under:
"Shri Dr. S.S.L. Dixit of the former State of Bhopal deemed to have been absorbed provisionally against the post of Lecturer Degree College with effect from 1 -11 -1956 included in the cadre of Lecturer Degree College in the new State of Madhya Pradesh and the said post shall, for the purpose of Unification of Pay scales and fixation of pay on Absorption Rules, 1959, be the post of absorption in respect of him within the meaning of clause (g) of rule 2 of the said rule.
(2). Shri Dr. S.S.L. Dixit who has been affricating bad officiated in the past of Senior Lecturer and Professor with effect from 26 -8 -1957 to............ shall be deemed to be holding purely in an officiating capacity an the post of an Assistant Professors in the unified scale until further orders."
It will be noticed that paragraph 1 of this order is identically worded as the previous order which was cancelled. The change made in paragraph 2 is that in the previous order the petitioner was wrongly shown as officiating in the post of Junior Professor and this mistake was corrected in the new order, which recites that the petitioner has been officiating in the post of Senior Lecturer and Professor with effect from 26th August, 1957. However, the later part of paragraph 2 remained the same and in terms of that order, the petitioner was deemed to be holding in an officiating capacity the post of an Assistant Professor in the unified scale until further orders. From the petition and return it appears that although the petitioner was deemed to have been holding the post of Assistant Professor he was actually working on the date of that order as a Professor in Government College Shivpuri and he continued to work on that post. Subsequently, an order was made on 16th November, 1967 by which the petitioner was promoted from the post of Assistant Professor to the post of Professor in temporary and officiating capacity and posted as such in Government College Shivpuri. It is remarkable that even in between January, 1967 and November, 1967 the petitioner was throughout working against the post of Professor and he actually never worked as an Assistant Professor anywhere.
(3.) THE grievance of the petitioner is that he having been promoted or appointed to the post of Senior Lecturer or Professor which has been designated as Professor in the unified scale, the petitioner according to the Madhya Pradesh Unification of Pay Scales and Fixation of Pay on Absorption Rules, 1959 is entitled to the unified scale of the post of Professor after 1st April, 1958 and paragraph 2 of the absorption order dated 5th January, 1967 being contrary to law and facts, should be quashed.;