SURAJ PARKASH POPLI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) 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.

(2.) 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:

(3.) 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.