M.M. Kumar, J. - (1.) The short issue raised in this appeal filed under Clause X of the Letters Patent by the State of Punjab and its officers is whether the terms and conditions of the gift deed, dated 5.7.1987, would govern the issue concerning the absorption of the writ petitioner-respondents in the Government service after taking over the then Janta High School, Rattewal, or it would be the date of decision taken on 28.6.1983, would be decisive. In the instant appeal the judgment dated 29.1.2003 rendered by the learned Single Judge is subject matter of challenge. The writ petition has been allowed directing the appellants to absorb the writ petitioner respondents in Government school, namely, Government High School, Rattewal, with effect from the date the school was actually taken over. Further direction has been issued to grant them all consequential reliefs including salary, allowances, seniority etc.
(2.) Brief facts of the case are that the Janta High School, Rattewal, District Hoshiarpur, was being run by a Society registered under the Societies Registration Act, 1960. On 7.9.1980, the Managing Committee of the Janta High School passed a resolution requesting the State Government to take over the said School because it was facing financial crises. On 28.6.1983, the State Government in principle decided to take over the Janta High School, subject to the condition that a gift deed along with certificate of qualification of the staff working in the school was to be supplied. The names of the writ petitioner-respondents did not appear in the list of the staff members because according to the appellant-State they were appointed on dates later than the decision to take over was taken on 28.6.1983. They have been working as teachers or Laboratory Assistant as per the following details: JUDGEMENT_533_LAWS(P&H)8_2011_1.html
(3.) On 22.1.1987, the appellant State passed an order regarding taking over of Janta High School, Rattewal. The District Education Officer, Hoshiarpur was asked to ensure that all the teachers and other allied staff to be taken over were trained and qualified and only that staff was to be absorbed which was working in the school at the time of taking over. It is also pertinent to mention here that as per para (3) of the gift deed the appellant State was not obliged to absorb all the members of the staff. It was authorised to take those employees who fulfill the prescribed qualification for the posts. A perusal of paras (3) and (4) of the said order shows that as on 22.1.1987, no gift deed was executed. However, it was to be got registered within a month and the original registered deed was to be given to the Director of Public Instruction(s), Punjab, within two months for safe custody (P-5). On 22.5.1987 (R-2), the following corrigendum was issued by the Director of Public Instruction(s), Punjab:- "In the order No. 6/5-83-SE(I) dated: 22.1.87, the following corrigendum is hereby made in the 6th and 7th lines of condition No. 1 below para 1:- JUDGEMENT_533_LAWS(P&H)8_2011_2.html;