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PETITIONER: STATE OF HARYANA AND ANOTHER

       Vs.

RESPONDENT: D. L. UPPAL AND OTHERS

DATE OF JUDGMENT24/08/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  JT 1995 (6)   659        1995 SCALE  (5)215

ACT:

HEADNOTE:

JUDGMENT:                          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,

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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.