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Suresh Kumar vs State Of Punjab And Others on 31 August, 2009 cites

State Of Punjab And Ors vs Dev Dutt Kaushal Etc. Etc on 28 August, 1995

4. Having heard learned counsel for the parties I am of the considered view that the terms and conditions of take over cannot be changed subsequently by either party including the CWP No. 14246 of 1990 3 beneficiary. For the aforesaid view, reliance can be placed on the judgment of Hon'ble the Supreme Court rendered in the case of State of Punjab v. Dev Dutt Kaushal, 1995 Supp (4) SCC 748. In para 5 of the judgment various conditions of take over were noticed by their Lordships'. There was a specific condition that on such take over the Government was to absorb only such staff as was justified on the basis of actual workload in accordance with the norms prescribed under the Government. It was also stipulated that only confirmed and regularly appointed staff through prescribed channel and approved by the University/Department alone was to be taken over. The appointment under the Government was to be subject to the approval of the Public Service Commission wherever the approval was required under the rules and on such appointment under the Government the teachers were to be treated as new entrants. The argument raised by the teacher before Hon'ble the Supreme Court was that he was entitled to continue in service till he was 60 years of age. The aforesaid argument was rejected by observing as under:-
Supreme Court of India Cites 3 - Cited by 39 - B P Reddy - Full Document

Gurpal Tuli And Ors., Etc vs State Of Punjab And Ors on 28 September, 1984

5. In the present case the private managed school with the name of Janta High School, Rattewal, District Hoshiarpur, was taken over by the State Government on 22.1.1987. The petitioner was working as JBT Teacher against an aided post and his services were also taken over as such. He was never taken over as Social Studies Master and there was no stipulation in the deed of taking over that the persons with qualifications of B.A. CWP No. 14246 of 1990 5 B.Ed. were to be considered as Social Studies Masters/Mistress. The qualification of B.A. B.Ed. would not entitle the petitioner to claim that he should be absorbed as Social Studies Master which is a post in higher pay scale and higher cadre. Moreover, even in the Government Schools a JBT Teacher having qualification of B.A. B.Ed. cannot be given either higher pay scale of Master/Mistress nor for that reason he could be appointed on the post of Master. The pay scales used to be linked with qualifications but the State of Punjab withdrew the instructions dated 23.7.1957 linking the pay scale with qualifications and issued new instructions on 19.2.1979. The aforesaid position emerges from the judgment of Hon'ble the Supreme Court rendered in the case of Gurpal Tuli v. State of Punjab, AIR 1984 SC 1901. Looking from the aforesaid angle also, the petitioners do not deserve any relief.
Supreme Court of India Cites 2 - Cited by 16 - R S Pathak - Full Document
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