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SUPREME COURT OF INDIA
J.C. SHAH, G.K. MITTER, K.S. HEGDE, A.N. GROVER AND A.N. RAY, JJ.
State of Mysore - Appellant
Versus
H. Papanna Gowda & anr. - Respondent
Civil Appeal Nos. 1868 to 1882 of 1969.
Decided On : 24-11-1970
Constitution of India, 1950 – Article 311 – University of Agricultural Sciences Act, 1963 – Sections 3, 6, 7 – Transfer from Service – Termination – Notifications – By notification control and management of a large number of research and educational institutions were transferred to the University with effect from October 1, 1965. – Agricultural Research Institute Mandya where respondent was working was one such institution – Not liking change which his future prospects were likely to undergo as a result of notification, respondent presented a writ petition, seeking a declaration that sub-sections (4) and (5) of section 7 of Act Were invalid And for a further declaration that he continued to be a civil servant under the State Government – To put in brief argument on this head was that he had been removed from a civil post under State in contravention of provisions of Article 311 – Held, Evidently respondent held the view that as a civil servant of State of Mysore prospects of promotion to higher posts with better scales of pay were greater in service of State with its manifold activities in various departments – For better or for worse, notification resulted in extinction of his status as a civil servant – In case before court Act provides by sub-section (5) of Section 7 that terms and conditions of Government employees immediately before appointed day or date specified in notification were to be such as might be determined by State Government in consultation with Board – Judge of Punjab High Court on facts of that case found it unnecessary to examine argument whether, assent given by President to Indian Institute of Technology Bill had effect of terminating status of petitioners as Government servants by President as also argument raised on their behalf that their lien had been terminated under Fundamental Rules without their consent – Punjab decision cannot therefore apply to the case as presented before court – Appeals Dismissed
JUDGMENT
G.K. Mitter, J. - The State of Mysore has come up in appeal from a common judgment of the High Court at Bangalore disposing of a number of writ petitions and holding void the compulsory transfer of the respondents herein to the Agricultural University under the provisions of the University of Agricultural Sciences Act, 1963.
2. As the same question arise Civil all these appeals it will be sufficient to state the facts in Appeal No. 1968 of 1969 in which one H. Papanna Gowda is the respondent. The said respondent was appointed on January 7, 1959 as an agricultural demonstrator in the Mysore Civil Service. His appointment was as a local candidate' which under the Mysore Civil Service Rules means a person appointed not in accordance with the rules of recruitment. His services were however regularised when he was selected by the Public Service Commission for appointment to that post on August 27, 1959. By an order dated April 4, 1964 he was transferred and posted as a Chemical Assistant of the Sugarcane Research Station Mandya, in the department of agriculture. When he was thus employed, a law made by the State Legislature called the University of Agricultural Sciences Act, 1963 (hereinafter referred to as 'the Act') came into force on April 24, 1964. Before the High Court the respondents to these appeals challenged the vires of section 7(5) of the Act and a notification issued thereunder. The preamble to the Act shows that it was an Act to establish and incorporate a University for the development of agriculture, animal husbandry and allied sciences in the State of Mysore. Under Section 3(2) the University was to be a body corporate having perpetual succession and a common seal. The powers given under section 6 of the Act enabled it inter alia to create administrative, ministerial and other posts and to appoint persons to such posts. Under section 7(1) subject to the conditions therein mentioned several agricultural and veterinary colleges were disaffiliated from the Karnataka University or the University of Mysore and were to be maintained by the new University as constituent colleges. The control and management of these colleges were to stand transferred to the Agricultural University and all its properties and assets and liabilities and obligations of the State Government in relation thereto were to stand transferred to, vest in, or devolve upon the said University. Under sub-section (4) of section 7 the control and management of such research and educational institutions of the Department of Agriculture, the Department of Animal Husbandry and the Department of Fisheries of the State Government were, as and from such date as the State Government might by order specify, to be transferred to the University and thereupon all the properties and assets and liabilities and obligations of the State Government in relation to such institutions were to stand transferred to, vest in, or devolve upon the University omitting the proviso which is not relevant for our purpose, sub-section (5) provided :
The Board has been defined in section 2 clause (3) as the Board of Regents of the University.
4. By notification dated September 29, 1965 the control and management of a large number of research and educational institutions were transferred to the University with effect from October 1, 1965. The Agricultural Research Institute Mandya where the respondent was working was one such institution. Not liking the change which his future prospects were likely to undergo as a result of the notification,
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