State
of Haryana & Anr Vs. D. L. Uppal & Ors
[1995] INSC 416 (24 August 1995)
Ramaswamy,
K. Ramaswamy, K. Hansaria B.L. (J)
CITATION:
JT 1995 (6) 659 1995 SCALE (5)215
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
We
have heard the counsel on both sides. This appeal by special leave arises from
the order of the Division Bench of the High Court of Punjab and Haryana dated August 4, 1994 made in C.W.P. No. 2558 of 1991. It
is not in dispute that the respondents were appointed as Physical Training
Instructors by the Central Government. At the instance of the Union of India,
the respondents came to be appointed on October 14, 1976 by the State Government of Haryana
in N.D.S.I. Scheme. The order of appointment, which is Annexure R-V to the petition
is the proceedings dated October
15, 1976 of the
Director of Public Instruction (Education Department), Haryana. It would show
that consequent upon the decision of the Government of Haryana to absorb the
N.D.S.
Instructors
in the State Service with effect from 1.7.1976, they were appointed as PTI
(NFC) D.P.E. on temporary basis in the pay scale of Rs.125-5-150-250/- and
Rs.220-6-300/10- 400/- respectively. Condition No.9 specified that "From
the date of absorption in the State Service he/she will be entitled to all allowances
as admissible to other State Government employees of this Cadre."
Condition No.10 stated:
"The
pay & allowance he/she gets under the Central Government at the time of
absorption in the State Service will be protected, for this purpose the allowances
to be protected are Dearness Allowance, Dearness Pay, Interim Relief and
Additional Dearness Allowances." Para
15 said:
"The
total expenditure on pay, allowances, etc. of the N.D.S. Instructors will
continue to be reimbursed by the Government of India to the State Government
till they remain in the cadre of P.E.T. in which they are absorbed by the State
Government." Thus, it would be clear that the respondents who were
hitherto working with the Central Government are absorbed in the service of the
State of Haryana in the Education Department as P.E.Ts.,
or D.P.Es. with effect from July 1, 1976,
will be entitled to the pay on par with the State Government employees and
allowances, namely, the Dearness Allowances, Interim Relief etc, will be as
admissible to the Central Government employees and as on the date of
absorption. The expenditure incurred by the State Government in that behalf
will be reimbursed by the Central Government till they remain in the cadre of
the P.E.T. only.
In
that view of the matter, the claims, whatever they may be, laid by the
respondents in respect of dearness allowance etc. as enumerated in clause 10 of
the Order of appointment, would be given to the respondents as admissible as on
the date of their absorption, i.e., October 1976. The State Government in turn
would be entitled to reimbursement from the Central Government. The Appeal is
accordingly disposed of.
Respondent
Nos. 28, 84, and 90 are reported to be dead.
So,
the appeal as against them stands abated. No costs.
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