- (1.) This is an appeal against order dated 27.3.1991 passed by the learned Single Judge in C.W.P. No. 4550 of 1980 directing the appellant to re-determine the seniority of the writ petitioners (respondents herein) vis-a-vis other teachers in the Government schools by giving them benefit of the service rendered in the schools managed by the Cantonment Board/Amabala.
(2.) The facts :- After being selected by the Competent Authority, the respondents were appointed as teachers in different schools under the Cantonment Board, Ambala in accordance with the provisions of the Cantonment Funds Service Rules, 1937 One of them was appointed in the year 1949, some were appointed between 1952 to 1959 and the remaining were appointed between 1960 to 1974. In 1977, the Government of India, Ministry of Defence and the Government of Haryana agreed to the excision of certain areas of Cantonment Board, Ambala to the Government of Haryana. In furtherance of that decision, the Government of India, Ministry of Defence issued notification No. SRO 6-B dated 5.2.1977. Simultaneously, letter No. 14(3)730 (B&C) dated 5.2.1977 was sent to the Director, Military Lands and Cantonments specifying the modalities of financial and administrative arrangements between Cantonment Board, Ambala and the Notified Area Committee set up by the Government of Haryana to administer excised area. Clause (vii) of that letter, which has direct bearing on the decision of this appeal, is reproduced below :- "(vii) The services of employees of the Cantonment Board Schools taken over by the State Government shall stand transferred to the Government of Haryana Services. They will be governed by terms and conditions of service as are applicable to similar staff under the Government of Haryana but it shall be ensured that their present pay on date of transfer stands protected. The services of such employees as are not willing to serve under the Government of Haryana will be terminated by the Cantonment Board on payment of due terminal benefits under rules applicable to Cantonment Board employees. The liability arising out of grant of such terminal benefits will also be shared between the Cantonment Board and the NAC in the ratio of 40:60."
(3.) After about one month, Under Secretary to Government of India, Ministry of Defence sent letter No. 14/3/73/D (B&C) dated 4.3.1977 to the Director, Military Lands and Cantonments with the list of employees of the schools of Cantonment Board, Ambala whose services were transferred to the State Government. In pursuance of that letter, the Executive Officer, Cantonment Board sent communication dated 19.3.1977 to all the teachers about the transfer of their services to the Government of Haryana. For the sake of convenience, relevant extract of letter dated 19.3.1977 sent to one of the respondents, namely, Shri Harish Kumar is reproduced below :- "Consequent upon the excision of certain areas from Ambala Cantonment, your services under the Cantonment Board stand transferred w.e.f. 5.2.1977 under Section 7(i) of the Cantonment Act, 1924 vide the Government of India, Ministry of Defence letter No. 14(3)/73/D(O&C) dated 5th February, 1977 and 4th March, 1977 to the Government of Haryana. Your services under the State Government will be governed by the terms and conditions of services as applicable to the employees of Education Department in the State of Haryana. The present pay drawn by you on the date of transfer viz. 5.2.1977 will be protected. In case you are not willing to serve under the State Government, your services with the Cantonment Board will be terminated on payment of such terminal benefits as admissible under the rules applicable to you.";