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Appeal No. 98 of 1977, decided on 13th January, 1980.

‑‑ S. 4‑Scope‑Enforcement of guarantees‑Fixation of cadres and gradation of certain post determined after nationalisation of Munici pal Colleges by Education Department challenged‑‑No suggestion of violation of any‑guarantees‑Matter, in circumstances, held, not fit for interference by Service Tribunal.

Nemat Ullah Butt, Faqir Mohammad and Zahid Hussain were appointed 'Lecturers on 26th September, 1964 and 23rd November, 1964 and 25th November, 1964 respectively by the Municipal Degree College, Burewala. Vide Notification No. S. O. VI(LG)2(49)/73 dated 23rd July, 1973. The Government of Punjab took over w. e. f. 1st July, 1973 the management and control of all the colleges maintained by the Municipal Committees and Local Councils. The staff was also transferred. After nationalisation all the posts of Lecturers were fixed in N. P. S. 17 and Assistant Professors in N. P. S. 18 and Professors in N. P. S. 19. The sanctioned posts of the teaching staff in the said Colleges were as under :‑

(i) Professors 7

(ii) Assistant Professors 19

(iii) Lecturers 250

In the Burewala College, the strength was fixed at Professors... 1, Assistant Professors...4 and Lecturers ...20. After provincialisation, 60 more posts of Lecturers were created out of which 17 were created in the said College vide Notification No. S O (Coll.)6‑100/74 dated 28th July, 1975. Further posts of 17. Lecturers and 84 Lecturers in N. P. S. 17 were sanctioned. It is contended by the appellant that vide Notification dated 19th March, 1977 the General Cadre and the Govt. Cadre were merged together and renamed as the Govt. Colleges (General Cadre). The appellant contended that only two posts of Professors in N. P. S. 19 were allocated to the provin cialised colleges as against 11 according to the entitlement. The prayer is that the impugned notification dated 19th March, 1977 making this allocation be set aside and the respondent be directed to promote the appellant as Assistant Professor according to his seniority.

The parties have been heard. The appellant has produced nothing to establish his plea of merger. The Department denied his assertions altogether. The impugned notification does not at all speak of any merger. It merely speaks of upgrading certain number of posts in N. P. S. 17 and N. P. S. 18 to N. P. S. i9 respectively so as to attain a ratio of 1 : 5 ; 17 in the cadre strength of Professors, Assistant Professors and Lecturers of Government Nationalised and Provincial Colleges. Then it gives the break‑up of the posts in Government College (General Cadre), Nationalised College (Closed Cadre) and Provincialised College (Closed Cadre). To us it appears that no objection can be taken to this arrangement and allo cation unless it is shown that certain guarantees were given to Teachers A of the Nationalised Colleges and these have been violated. In the absence of this proof it is not a fit case for interference. The appeal is, there fore, dismissed in limine.

Appeal dismissed.

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