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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL  NO(S). 12683 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 15463 OF 2016]

AYURVED VIKAS MANDAL                        Appellant(s)                                 VERSUS

STATE OF GUJARAT & ORS.                     Respondent(s) WITH

CIVIL APPEAL NOS. 12684-12685 OF 2017 [ @ SPECIAL LEAVE PETITION (C) NOS. 35066-35067 OF 2016 ]

J U D G M E N T

KURIAN, J. CIVIL APPEAL  NO(S). 12683 OF 2017    [@ SPECIAL LEAVE PETITION (C) NO. 15463 OF 2016]

1. Leave granted. 2. The appellant is before this Court, aggrieved by the  Judgment  dated  02.05.2016  passed  by  the  High Court  of  Gujarat  at  Ahmedabad  in  Letters  Patent Appeal No. 125 of 2016 in Civil Application No. 13039 of  2015.   The  issue  pertains  to  absorption  of  23 members  of  the  staff  of  the  2nd

respondent-institution.   After  hearing  the  learned counsel  for  some  time,  this  court  passed  the following order on 31.07.2017 :-

“The issue raised in these two petitions

pertains to the fate of 23 teachers who

had been working in an aided college.

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In  2012,  it  appears,  there  was  a

decision  to  convert  the  college  to

self-financing.

According to the learned counsel for the State, the condition was that the employees of the institution should be continued  as  such  and  only  on  that condition the permission was granted.

According to the employees, they have not  been  continued  in  the  institution nor  have  they  been  absorbed  in Government service, as directed by the High Court.

Learned  counsel  appearing  for  the State submits that in case the direction of the High Court is implemented that will set a wrong precedent and it will also  affect  the  chances  of  direct recruits.   

However, it is pointed out that in similar cases, the Government had agreed for absorption of such employees.

Be  that  as  it  may,  we  direct  the State Government to get instruction  as to  whether  the  State  would  be  in  a position  to  absorb  these  23  employees without the judgment being treated as a precedent.

List on 18.08.2017.”

3. In response to the order, an affidavit has been filed  on  behalf  of  the  State  on  07.09.2017. Paragraph 4 of the affidavit reads as follows :-

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“I  say  and  submit  that  the  State Government  has  taken  up  the  matter  of accommodating 16 employees of the trust in  the  available  vacancies  of  other Grant  in  Aid  Ayurveda  Colleges  of  the State and it has been finally decided by the government that the 16 employees of the trust shall be accommodated in the Grant in Aid Ayurveda Colleges situated at Surat and Jamnagar as 7 employees are already retired.  This decision has been taken  on  the  condition  that  the  trust shall pay the Salaries and Allowances of all the 16 employees from the date on which the trust has stopped paying the salaries  till  the  date  on  which  the State will absorb the employees in other Grant in Aid Ayurveda Colleges while the salaries and allowances of 7 employees shall be paid by the trust from the date on  which  the  trust  has  stopped  paying the  salaries  till  the  date  of retirement.  The pension papers of these employees  shall  be  prepared  by  the trust,  if  not  prepared  and  shall  be forwarded to the Petitioner No. 2 office who in turn shall take necessary actions to  sanction  the  same.   The  Statement showing the details of 16 employees of the trust to be absorbed in other Grant in Aid Ayurveda Colleges and 7 employees of the trust who have retired is annexed herewith  and  marked  as  Annexure  R/1  & R/2”

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4. We find that the Government has taken a very fair stand,  though  Mr.  Rakesh  Khanna,  learned  senior counsel,  has  very  vehemently  contended  that  the second respondent will not be in a position to pay the arrears of salary, as stated in the Affidavit. Having  submitted  before  the  High  Court  that  the Government will absorb the 23 employees, there is no point in turning round on that instruction furnished before the High Court; it is submitted.

5. Having heard Mr. Preetesh Kapoor, learned counsel appearing  for  the  State,  we  find  it  difficult  to appreciate the contentions advanced by him.  True, the second respondent institution was a  grant-in-aid college.   However,  it  is  on  the  request  of  the Management that the Government agreed to convert it into  a  self  financing  college,  subject  to  certain conditions.

6. In that background, we are of the view that this case  needs  to  be  disposed  of  in  terms  of  the affidavit,  as  extracted  above,  making  it  further clear  that  this  Judgment  is  passed  in  the  very peculiar facts of this case and the same shall not be treated as a precedent.

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7. Mr.  Rakesh  Khanna,  learned  senior  counsel, submits that in view of the paucity of funds for the Management, they may be permitted to sell/mortgage a portion  of  their  land  so  as  to  comply  with  the directions regarding payment of arrears of salary of the  23  employees  upto  31.10.2017  .   In  case,  for payment  of  salary  for  the  abovementioned  23 employees, if the Trust is required to mobilize funds by disposing of / mortgaging the property, it will be open to them to do so by completing the formalities as required under the Trust deed.

8. The appeal is, accordingly, disposed of with a further direction to the State to act in accordance with  the  affidavit,  as  above,  and  do  the  needful within four weeks from today.

9. The entire arrears, as required in the affidavit, to all the 23 employees shall be cleared within three months from today.  We make it clear that there shall be no further extension of time for this purpose.

10. Within  the  said  period  of  three  months,  the pension papers of 7 retired employees shall also be forwarded  to  the  Government  so  as  to  enable  the Government to process the sanction.

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CIVIL APPEAL NOS. 12684-12685 OF 2017  [@ SPECIAL LEAVE PETITION (C) NOS. 35066-35067 OF 2016]

1. Leave granted.   2. In view of the Judgment passed in Civil Appeal No.  12683  of  2017,  as  above,  these  appeals  are disposed of.  

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; SEPTEMBER 12, 2017.

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ITEM NO.4               COURT NO.5               SECTION III                S U P R E M E  C O U R T  O F  I N D I A                        RECORD OF PROCEEDINGS PETITION FOR SPECIAL LEAVE TO APPEAL (C) NO. 15463 OF 2016

AYURVED VIKAS MANDAL                               Appellant(s)

                               VERSUS

STATE OF GUJARAT & ORS.                            Respondent(s) (PERMISSION TO FILE ADDITIONAL DOCUMENTS) WITH SPECIAL LEAVE PETITION (C) NOS. 35066-35067 OF 2016 (III) Date : 12-09-2017 These petitions were called on for hearing today. CORAM :  HON'BLE MR. JUSTICE KURIAN JOSEPH          HON'BLE MRS. JUSTICE R. BANUMATHI Counsel for the parties Mr. Rakesh Kumar Khanna, Sr. Adv.  

Mr. Neeraj K. Gupta, Adv.  Mr. Sudhir Naagar, Adv.  Mr. Ranjeet Singh, Adv.  Mr. Harin P. Raval, Sr. Adv.  

                   Mr. Anirudh Sharma, AOR Mr. Abhaid Parikh, Adv.  Ms. Divya Anand, Adv.  Mr. Nipun Saxena, Adv.  Mr. Preetesh Kapoor, Adv.  Mrs. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv.  Ms. Puja Singh, Adv.  Ms. Mamta Singh, Adv.  

                                        UPON hearing the counsel the Court made the following                              O R D E R

Leave granted.

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The  appeals  are  disposed  of  in  terms  of  the  signed non-reportable Judgment.

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA)                            (RENU DIWAN)   COURT MASTER                              ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)