- (1.) The petitioner had been appointed under the District Board, which on abolition absorbed the petitioner with the Panchayat Samiti. He had joined as Chowkidar with the District Board on 11.09.1950 and having been treated as an employee under the Panchayat Samiti since 16.02.1962, retired from service on 03.09.1991.
(2.) The grievance of the petitioner is that after he became an employee under the Panchayat Samiti, he had been working as a Toll Post Chowkidar and was entitled to be absorbed when the services of the Panchayat Samiti were provincialized with the Amendment Act 22 of 1973 by introduction of Section 35(4) (a) to the Zila Parishad Act, 1961. The Government had issued instructions on 05.01.1977 setting out classes of person, who were employed in the Panchayat Samiti before 01.04.1973 whose posts were entitled to be provincialized. Toll Post Chokidar's post was not included and therefore, the petitioner and several other persons similarly situated filed a writ petition No.1838 of 1987 seeking for absorption of service into State service.
(3.) During the pendency of the writ petition, the petitioner would claim that fresh instructions had been issued on 17.12.1990 by the Financial and Secretary, Haryana Government, Development and Panchayat Department providing that six Toll Post Chowkidars were absorbed in the office of the Deputy Commissioner, Kurukshetra against the vacant posts in the pay scale of Rs.750-940. The petitioner's claim is that in terms of Clause 6 of the instructions, the benefit of pension, gratuity would also be given to these employees for their service, which they have rendered as on 01.11.1966 or from the date on which they became member of the CPF in the Samiti service, whichever may be, in the Government service. To claim the benefit of pension, the contribution should be deposited in the account of CPF with interest in the Government treasury.;