DHARAM SINGH Vs. STATE OF HARYANA
LAWS(P&H)-2001-2-151
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 16,2001

DHARAM SINGH Appellant
VERSUS
STATE OF HARYANA Respondents

JUDGEMENT

Bakshish Kaur, J. - (1.) Dharam Singh, petitioner joined the service of the erstwhile Punjab PWD, Electricity Branch on' 8.6.1957 as Assistant Lineman. The Punjab Electricity Board (hereinafter referred as PSEB) came into being on 1.4.1959. On the re -organisation of the State of Punjab and creation of Haryana State, his services were placed at the disposal of Haryana State Electricity Board (in short Board) w.e.f. 1.11.1996. He was originally State Government employee entitled to pensionary benefits and his conditions of service cannot be changed to his detriment. The Board adopted a regulation in 1962, applicable to the erstwhile Government servants of the Electricity Department including those on probation, who were at first transferred to foreign services terms to the Board on the formation of the Board. The following decision was taken : - "(1) Pay. They shall be allowed the same scales and rates of pay as they were drawing under the Punjab Government on the eve of their transfer to the Board and as they would have drawn in their pre -sent post or in the higher posts, due to annual increments/or promotion, had they continued under the Punjab Government, but for the formation of the Board. Their other terms and conditions of service will remain the same as they stood on the date of transfer to the Board and no change will be made to their disadvantage. The Board will, however, be the final authority in place of Punjab Government and consultation with the Public Service Commission will not be necessary."
(2.) The employees Provident Fund Scheme (in short Scheme) has been made applicable to work charged employees of HSEB and not regular permanent employees like the petitioner. This is clear from the letter dated 31.1.1996, Annexure P -1.
(3.) Although, he was not covered by the scheme, nor he opted for the same but he was made a member of the scheme. He had been representing for the grant of pensionary benefits on the ground that he was entitled to the pension, under the original terms and conditions of service as an employee of the Electricity Depart ment of erstwhile Punjab Government, the respondents did not take any action on his demand till his retirement from service.;


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