JUDGMENT
A.K. Mathur, J.
1. The petitioner by this writ petition has prayed that the respondent University may be directed absorb the petitioner in the service of the University of Udaipur in the same manner in which the persons junior to the petitioner have been so appointed with all consequential benefits.
2. The petitioner came to be appointed as Research Assistant in the Agriculture Department of the Government of Rajasthan. The Government of Rajasthan decided to transfer the services of the Government servants employed in the Research Schemes to the University of Udaipur and for this purpose options came to be invited from the employees working in the Research Schemes. The petitioner opted for the services of the, University. On 10.6.1977 the services of the petitioner came to be placed at the disposal of the University of Udaipur with immediate effect by the order Annex. 1 dated 10.6.1977. The name of the petitioner appear at item No. 9 of part II of this order. The University did not absorb the petitioner permanently. Therefore, the petitioner made a representation on 12.10.1977 and 15.11.1977 to the Government of Rajasthan. The Director, Agriculture Experiment Station, University of Udaipur, Udaipur wrote to the Director of Agriculture, Rajasthan, Jaipur vide letter dated 25.1.1978 that the vacancies have been filled in by regularly selected candidates by the University therefore, they are unable to absorb the petitioner. The petitioner protested against this and the Director of Agriculture, Rajasthan wrote a letter dated 7.12.1978 to the Director of Agriculture Experiment Station, Udaipur requesting that the petitioner may be posted in place of Shri Srinarain Saini, but without any result. Then again a representation was filed and a protract correspondence transpired between the Government of Rajasthan and the University of Udaipur but without any result. Therefore, the petitioner was driven to file the present writ petition.
3. A reply was filed by the University and the stand taken by the University was that certain Research Schemes which were under the control and management of the State of Rajasthan was transferred to the University of Udaipur and the employees who were working under those schemes were sent on deputation to the University. It is submitted that the petitioner was not employed in those Research Schemes of the State of Rajasthan which were transferred to the University. Therefore, the petitioner could not be absorbed. The petitioner was working in D.P.A.P. Scheme at Pali of the Government of Rajasthan which was not transferred to the University of Udaipur. Therefore, the petitioner was not appointed by the University.
4. The petitioner filed a rejoinder and it was pointed out that the contention raised by the University is wrong that only those employees employed in certain Research Schemes under the control of the Government of Rajasthan were transferred to the University and not other. It was pointed out that initially the Government decided to transfer the control & management of certain Research Schemes of the Department of Agriculture to the University of Udaipur but subsequently it decided that all those employees in the Research Section of the Department of Agriculture, Government of Rajasthan irrespective of the fact that whether they are working in the Schemes taken over by the University shall be absorbed in the University. In order to substantiate this, an additional affidavit was filed along with Annex.ll dated 31.8.1976. The other questions were also raised by the petitioner that at one time an order absorbing the petitioner was issued by the University on 27/31.7.1979 but the same was revoked on 31.7.1981 and the same has been placed on the record as Annex. 10. But the University has submitted that this order was not implemented and it was subsequently revoked being a bonafide error.
5. Be that as it may, nothing turns on this aspect of the matter. Now the question before me is that the reason given by the University for not absorbing the petitioner is justified or not. Annex. 1 dated 10.6.1977 was issued by the Government of Rajasthan. The relevant portion with which we are concerned reads as under:
Government of Rajasthan
Agriculture (Gr. I) Department
No. F. 11(1) Agri/Gr. I/74/Pvt. V 8769-89 Jaipur Dated the 10th June, 1977
Order
In continuation of this department order of even number dated the 25th April, 1977, the services of the following employees who were placed on deputation with the University of Udaipur, vide Government order No. F. 11(1) Agri/Gr. I/74 dated 15.5.1976 are hereby placed for final permanent absorption at the disposal of the University of Udaipur with immediate effect in view of option exercised by them:
1 S. No. 2. Name 3. Designation
……….
……….
It is further ordered that the services of the following employees who were working in the Research Schemes of Agriculture Department, are hereby placed for final permanent absorption at the disposal of the University of Udaipur with immediate effect in view of the terms and conditions of the options called for vide this department letter of even number dated 31.8.1976.
S. No. Name Designation
...............
...............
9. Shri M.L. Sharma Research Assistant
D.P.A.P. Pali
...............
...............
6. It is further order that the services of the following employees who were placed on deputation with the University of Udaipur vide Government order of even number dated 15.5.76 are hereby withdrawn from the deputation from the date of their joining in the department of Agriculture in view of the options exercised by them and are placed at the disposal of the Director of Agriculture for their final adjustment:
By Order,
sd/:
(Dharam Singh Jain)
Assistant Secretary to the Govt.
7. A perusal of this order will clearly go to show that the Government of Rajasthan has directed the University to permanently absorb the petitioner and the name of the petitioner appeared at S.No. 9. All the 15 persons except the petitioner mentioned in the list were already absorbed by the University. Before this order the Government of Rajasthan issued the order dated 31.8.1976(Annex.ll). At that time, the petitioner was working in the D.P.A.P. at Pali. The order reads as under:
Government of Rajasthan Agriculture (Gr. I) Department No. F. 11(1) Agr./Gr. I/74 Jaipur, dated 31 August, 1976 From The Secretary to the Government. To, Shri Manoharlal Sharma R.A. Soil Survey D.P.A.P. Pali Sub: Option for service under the Agriculture University of Udaiur, Udaipur. Ref: Government order No. F. 11(1) Agri/Gr. I/74, dated the 27th December, 1975.
The services of the Government Servants employed in Research Schemes transferred to the University were placed on temporary deputation with the University of Udaipur with the transfer of certain Agricultural Research Schemes from the Directorate of Agriculture to the University of Udaipur, with effect from 1.4.1976, vide this department orders of even number dated the 27th December, 1975 read with order, dated 29th March, and 5th May 1976. As per Government decision the persons concerned were asked to exercise their options for absorption under the University of Udaipur or reversion to Government.
2. Government have now decided that the remaining Government servants of the Research Wing of Agriculture Department belonging to the categories of posts transferred to the University may also be allowed to exercise options. Hence in terms of the Government order of even number dated 3.7.1976(Copy enclosed) you are hereby advised to please submit your option in the prescribed form(enclosed) for either transfer of your services to the University of Udaipur, within 15 days of the service of this notice, or inform Government whether you desire to remain under the Government.
3. In the event of your opting for the service of the University of Udaipur, you will be governed by the rules of the University of Udaipur and you will be treated as Government servant whose services have been transferred to the University of Udaipur and will be entitled to benefits mentioned in the Finance Department order No. F. 1(11) FD/Rules/66, dated 23.7.1968 (copy enclosed) as amended from time to time.
4. In case you do not desire to opt for the service of the University of Udaipur, you will be absorbed in the light of the Government order of even number dated 27.12.1975 as amended from time to time.
5. Your reply in the form appended herewith should be submitted to the Government within 15 days of the service of this notice. If no reply is received within this time limit, you will be deemed to have opted for the University service.
Sd/:
(I.C.Sinha)
Deputy Secretary of the Government
8. Mr. Mridul and Mr. Singhvi, learned Counsel for the petitioner submit that the reason given by the University that the petitioner’s services were not absorbed for the simple reason that he was not working under those schemes which were transferred to the University is not borne out from a combined reading of these documents reproduced here in above. The plea of the University would have been upheld, if the order Annex.ll dated 31.8.1976 would not been brought on the record. In the first part of the order, it was clearly mentioned that the Government decided to ask for the options from the persons who were working in the scheme part of the order it was clearly mentioned that the State Government has decided that the remaining Government servants of the Research wing of the Agriculture Department belonging to the categories of post transferred should also be allowed to exercise their option. This is very significant. After this decision of the Government that all {he employees of the Research Wing and the categories of posts which have been transferred should also be asked to give options so that these persons could also be transferred. The petitioner was asked for option by this document Annex.ll and the petitioner was working as a Research Assistant in the D.P.A.P. Scheme at Pali. When he gave this option thereupon the order Annex. 1 dated 10.6.1977 came to be issued. Therefore, the reading of these two documents together, it clearly transpired that the plea taken by the University does not appear to be justified. If this was not so then the petitioner would not have been asked for his option as the Government cannot be credited that they were ignorant that the scheme on which the petitioner was working has not been transferred to the University of Udaipur. It appears that there was a conscious decision on the part of the Government which is evident from part II of Annex.ll dated 31.8.1976 that the Government consciously decided that all the employees who were working in the Research Wing of the Agriculture Department shall be transferred to University of Udaipur unless opted otherwise. Therefore, the argument of Mr. Parekh that only those employees who have working under the particular scheme were asked to opt for the service of the University and since the petitioner was not working in these schemes therefore, his services have not been transferred is not sustainable. Thus, I am of the view that the University has wrongly denied the absorption to the petitioner where as all the persons mentioned at S.Nos. 1 to 10 in Annex. 1 dated 11.6.1977 have been absorbed and the petitioner has been arbitrarily discriminated and denied the absorption for the reasons which are not germane to the issue. I, therefore, direct that the petitioner should be absorbed in the University of Udaipur and he should be given all the consequential benefits.
9. Mr. Parekh, learned Counsel for the respondents has next submitted that now Agriculture Wing of the University of Udaipur no more survives as that Wing has been taken over by the Rajasthan Agriculture University, Bikaner(newly established University) and all the departments of the Agriculture Wing of the University of Udaipur have been transferred to the Rajasthan Agriculture University, Bikaner by the Rajasthan Agriculture University, Bikaner Act, 1987. Learned Counsel submit that the Rajasthan Agriculture University, Bikaner has not been impleaded as a party to the writ petition, therefore, no relief can be given to the petitioner. In this connection, learned Counsel has invited my attention to Section 36 of the Act of 1987. It is true that the Rajasthan Agriculture University, Bikaner has now been established and all the assets, liabilities of the Agriculture Wing of the University of Udaipur stand transferred to the newly created University. Since at that time the University of Udaipur was in existence and the grievance of the petitioner arose at that time but now the entire Agriculture Wing has been transferred to the newly created University therefore, first, the University of. Udaipur shall pass the order and send the case of the petitioner to the Rajasthan Agriculture University, Bikaner to give all consequential benefits as this the liability of the then University of Udaipur. Section 35 of the Act of 1987 clearly says that the Chancellor in consultation with the State Government on the appointed day or at any time thereafter make such orders as are deemed necessary for transfer of any dues, liabilities or obligations incurred or lawfully subsisting in favour of or against the University. Therefore, when the action taken by the then defunct University has been found to be bad therefore, the so-called obligation will now automatically devolve on the newly created University i.e. The Rajasthan Agriculture University, Bikaner and all the consequential benefits will have to be given/paid by the Rajasthan Agriculture University, Bikaner. Section 36 deals with the transfers of colleges and institutions. Sub-section (4) of Section 36 reads as under:
(4). A person employed as a teacher or an employee in any college, institution, research station, extension centre or any other body or agency referred to in sub-section (1), shall, from the date of notification issued under the said sub-section, be deemed to have became the teacher or as the case may be, the employee of the University on the same terms and conditions.
10. This clarifies that all the employees of the then Agriculture Wing of the University of Udaipur shall be deemed to be the employees of the Rajasthan Agriculture University, Bikaner. Therefore, no difficulty would arise even if the Rajasthan Agriculture University is not a party in this writ petition as the Rajasthan Agriculture University is the successor University of the Agriculture Wing of the University of Udaipur and all the dues, liabilities and obligations of the Agriculture Wing of the University of Udaipur shall automatically devolve on the Rajasthan Agriculture University, Bikaner. In this view of the matter, the objection of Mr. Parekh cannot be sustained and the same is overruled.
11. In the result, I allow the writ petition and direct that the petitioner shall be first absorbed by the University of Udaipur from the date the persons mentioned in Annex. 1 dated 11.6.1977 have been so absorbed and thereafter the case of the petitioner shall be transferred to the Rajasthan Agriculture University, Bikaner and the petitioner shall be entitled to all consequential benefits flowing therefrom.
No orders as to costs.