Point of Law: Administrative decision must be reasonable and arbitrariness must be avoided.

JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant petition, the petitioners have prayed for following substantive reliefs:

“(A) That this Hon'ble Court please to direct the respondent to take over the service of the petitioners as per notification dated 25.08.1994 and extended all benefits to the petitioners for which they were entitled with all consequential benefits including pay fixation, salary and arrears etc.

(B) That this Hon'ble Court may kindly be pleased to issue the writ of mandamus whereby the respondents may kindly be directed to take over the services of the petitioners as Junior Assistant with all consequential benefits (pay fixation and arrears etc.).

(C) That in alternate respondent be directed to grant the same scale to the petitioner as they were getting on the day of the takeover with further seniority, pay fixation, arrears etc. from the day of take over till today.”

2. Maharaja Sansar Chand Memorial (MSCM) College, Thural, Tehsil Palampur, District Kangra, H.P. along with its teaching and non teaching staff was taken over by the State Government w.e.f. 09.11.2005. Notification to this effect, however, was issued on 18.10.2006.

3. Petitioners were working as Clerks in MSCM College at the time of its take over by State Government. The date of initial appointments of petitioners as Clerks in the MSCM College was 18.03.1996. They had rendered 9 years, 7 months and 22 days service each in MSCM College till its take over.

4. The MSCM College was taken over by the State Government along with its staff subject to application of UGC guidelines, R&P Rules and terms and conditions of taking over of staff of private colleges notified vide notification dated 25.08.1994. As per said notification, services of taken over staff was to be treated as fresh entrants and were liable to be placed at the bottom of seniority list maintained in respect of Government employees in their respective cadre from the date of taking over of private college. In the case of ministerial staff, persons with 10 years experience as Clerk was to be absorbed as Junior Assistant.

5. The grievance of the petitioners is that they had already rendered 9 years, 7 months and 22 days of service as Clerks and their service fell a little short of the required 10 years so as to entitle them to be absorbed as Junior Assistant. Their first contention is that though the date of taking over of the College was 09.11.2005, but notification to this effect was issued at much subsequent date i.e. 10.10.2006 and till such date the petitioners had completed more than 10 years of service. In alternative, petitioners have raised the contention that the respondents could relax the condition of 10 years in the case of petitioners, keeping in view the peculiar facts applicable to their case.

6. Respondents have contested the claim of the petitioners. It is submitted that the claim of the petitioners was barred by delay and laches. The cause of action had arisen to the petitioners on 07.12.2006 when their services were taken over by the government w.e.f. 09.11.2005 as Clerks and thereafter on 06.07.2007 as Senior Clerks. In this view of the matter, the claim of the petitioners preferred in the year 2011 is alleged to be stale. It is further submitted that services of petitioners were taken over w.e.f. 09.11.2005. They were paid the emoluments as per government scales from the said date, hence the petitioners cannot turn around and say that the benefit of service in MSCM College should be extended to them till the date of notification i.e. 18.10.2006. Respondents have also refuted the entitlement of the petitioner for any relaxation.

7. I have heard learned counsel for the parties and have also gone through the record carefully.

8. Dealing with the objection regarding delay and laches in filing the petition, it can be seen that the notification regarding taking over of the staff of MSCM College was issued on 18.10.2006 and thereby services of teaching and non teaching staff were taken