J.S. Khehar, J. - (1.) C.M. No. 13690 of 2006. CM is allowed. Annexures P -13 and P -14 are are taken on record subject to all just exceptions. CWP No. 12316 of 2006.
(2.) The petitioner was inducted into the service of the Sant Hari Singh Khalsa High School, Jian Chhabewal, Hoshiarpur (hereinafter referred to as the private school), as a clerk on 22.11.1972. At the time of appointment of the petitioner, the school under reference, was an aided school, and was, therefore, regulated and entitled to the different schemes issued by the State government in connection with recognised aided schools. The appointment of the petitioner at the hands of the private school was considered by the respondents, and was approved under the grant -in -aid scheme by a memorandum dated 1.3.1973. Consequent upon the appointment of the petitioner to the private school, the State government commenced to reimburse salary payable to the petitioner under the grant -in -aid scheme.
(3.) The State government, in furtherance of a policy decision, took over the management and the employees of the private school on 31.8.2000. The document of take over and the conditions thereof, have been placed on the record of this case as Annexure P -2. Conditions No. 1 and 4 thereof are relevant for the present controversy and are, accordingly, being extracted hereunder: (1). The District Education Officer, Hoshiarpur is personally responsible to take over only that staff which is fit to be taken into Govt. service according to the norms and eligibility. It should also be ensured that all that teachers and other allied staff to be taken over is trained and qualified and only that staff is taken over which was in position on the date of Cabinet decision dated 20.10.1997 and also working in the school at the time of taken over. However, a list of the staff found suitable to be taken over is appended, but before giving them appointment it is the duty of the District Education Officer to see that all of them fulfil the requisite qualifications for recruitment to the relevant posts. (4). All the members of the staff to be taken over will be treated as fresh entrants into Govt. service and the seniority will be determined according to the departmental instructions contained in the letter No. 726(G) -SG -6 -2 -73(20) dated 20.8.1973 and no benefits what so ever of the previous will be given except the pay fixation and that also as per Govt. letter No. 31(ii) 2 Edu.III/78/237 dated 22.1.1981.;