Equitable protection of pay scale upheld where employees were adjusted into suitable posts despite failing regular absorption requirements.

Employees who were not regularly appointed and lacked the prescribed qualifications could not claim absorption in the higher posts sought, because they did not satisfy the takeover conditions or the recruitment rules framed under Article 309. They were nevertheless adjusted against suitable administrative posts for which they were eligible, rather than being retrenched. The Tribunal's direction protecting their existing pay scale and directing absorption was treated as an equitable adjustment consistent with the service arrangement and not contrary to the governing rules. Further promotion was available only in accordance with the applicable rules.

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Issues: Whether the appellants, who were not regularly appointed and did not possess the requisite qualifications at the time of takeover or under the subsequent statutory recruitment rules, were entitled to claim absorption on regular basis in the higher posts with protection of their existing pay scale.

Analysis: The appellants had not satisfied the conditions for regular absorption under the takeover arrangement, and they also did not meet the qualifications prescribed under the rules framed under Article 309 of the Constitution of India. Instead of retrenching them, the Government absorbed them in suitable administrative posts to which they were eligible. The Tribunal's direction to preserve their existing pay scale and effect absorption was found to be an equitable adjustment consistent with the service arrangement.

Conclusion: The claim for interference with the Tribunal's directions failed. The absorption with protection of pay scale was upheld, and the appellants were entitled to consideration for further promotion only in accordance with the applicable rules.

Ratio Decidendi: Where employees do not qualify for regular absorption in the posts claimed, but are nevertheless adjusted against suitable eligible posts, equitable protection of their existing pay scale may be sustained if it does not conflict with the governing rules.

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