I.S. Tiwana, J. - (1.) This judgment will dispose of Civil Writ Petition No. 2421 of 1979, filed by Dr. M.S. Parmar and Civil Writ Petition No. 3539 of 1979, filed by Dr. G. S Sekhon, thereby impugning the orders of their retirements, Annexures P. 3 and P. 4, respectively P. 3 has been passed by the Governing body of the College constituted by the Haryana Government and P. 4 by the Haryana Government itself- The learned counsel for the parties are agreed that the points of fact and law involved in these petitions are identical.
(2.) Both the petitioners were originally members of Haryana Medical Education Service and were on the staff of Medical College, Rohtak. Dr. Parmar had been appointed as Professor, Tuberculosis and Chest Diseases in the grade of Rs. 2, 000-2, 150 with effect from August 4, 1975, but had not been confirmed against the said post. Dr G. S. Sekhon was, however, a confirmed Professor of Surgery and was Head of the Department of Surgery in the said College.
(3.) On June 30, 1976, an indenture was executed between the Government of Haryana and the Rohtak University, vide which the Medical College, Rohtak, was transferred to the Rohtak University with effect from July 1, 1976. In view of this impending transfer of the College, the petitioners were informed that with effect from the afternoon of June 30, 1976, their services would be dispensed with under Rule 5.9 of the Punjab Civil Services Rules, Volume II, and the posts manned by them would stand abolished. They were, however, further told that the University (Rohtak University later came to be known as Maharishi Dayanand University) would be willing to offer them the same service with effect from July 1, 1976. The University in fact did offer their respective jobs to the petitioners which they willingly accepted. One of these offers is Annexure R. 2 to the written statement filed by respondent No. 1 in Writ Petition No. 3539 of 1979. This letter from the Registrar, Rohtak University, addressed to Dr. G. S. Sekhon, mentions that consequent* upon the decisions taken by the State of Haryana to transfer the Medical College, Rohtak, . along with its constituent Institutions to the Rohtak University with effect from the 1st day of July, 1976, the University offers to taken you in its service with effect from the 1st day of July, 1976, on the same terms and conditions on which you are serving the Government. It is further mentioned therein that the University undertakes to safeguard all your rights regarding pension, gratuity, leave and other cognate matters and will also give you the benefit of service under the Haryana Government. It Is not in dispute that a similar offer was issued to Dr. M. S. Parmar, petitioner in Civil Writ No. 2421 of 1979 and both the petitioners accepted the said offers and joined their respective posts with effect from July 1, 1976. The necessary background to this whole process of passing over the College to the University is provided ' by clause 3 of the indenture executed between the University and the Haryana Government in June 1976 and the same reads as follows "That the University would take into account the previous service of all employees taken over by it and would provide them benefit in respect of leave, pension, medical benefits, free residential accommodation were already permitted, house rent allowance, T. A. & D. A. rates, age of compulsory retirement and city compensatory allowance and other matters earned by the staff while in Government service; provided that the Government shall re- imburse to the University all expenditure incurred by it in this connection as would arise out of liability to be incurred uptil the date of take over 30-6-76) by the University of such employees ";