- (1.) C.M. No. 15349 of 2014 Application is allowed as prayed for. Accordingly, replication along with Annxures P-17 to P-27 are taken on record. Petitioner has approached this Court by way of instant writ petition filed under Articles 226/227 of the Constitution of India, seeking a writ in the nature of mandamus directing the respondents to protect the pay of the petitioner by counting the service rendered in H.P.G.C.L (for short 'Power Corporation') and also to give other benefits like promotions, higher pay scale and seniority etc before her absorption in Haryana Vidyut Prasaran Nigam Ltd. (for short 'Nigam'), as mentioned in the legal notice (P-16) Petitioner was initially appointed as an Assistant Engineer/Electrical (Trainee) in Power Corporation in the pay scale of Rs.8000-275-10200-EB-275-13500 vide appointment letter dated 20.12.2007 and was proceeded on deputation in the office of Secy, BBMB, Chandigarh vide order dated 07.07.2009 and joined as SDO/Carries on 08.08.2009.
(2.) Thereafter, in response to advertisement No. 2/2009 by Haryana Public Service Commission, she applied for the post of Assistant Engineer (Electrical) through proper channel vide letter dated 21.10.2009 and was allowed vide letter dated 28.10.2009. She was selected in Nigam Ltd as per her merit and option and was offered the post of Assistant Engineer (Electrical) vide memo dated 05.06.2010. The petitioner then requested for transfer of bond liabilities or waive off the bond period on 21.06.2010, which was executed at the time of joining. This liability was transferred to Nigam and she was relieved of her duties on 16.08.2010.
(3.) The petitioner submitted his technical resignation, which was accepted by the Power Corporation authorities and she was relived of her duties on 16.08.2010 and thereafter, she joined her duties in the Nigam. In office order dated 16.08.2010, when she tendered her technical resignation for administrative reasons, it has been clearly mentioned by the authorized signatory i.e Deputy Secy/Estt (G) for the Managing Director of Power Corporation in a copy forwarded to CAO, HPGCL, Panchkula " He is requested that record of above mentioned certificate may also be made in the service book of the officer under proper attestation to enable her to get her previous service benefit and pension as mentioned in her offer appointment. But the concerned authorities have not given the benefits of previous service by not treating her service rendered in Power Corporation for the period 20.12.2007 to 16.08.2010 as qualifying service for the purpose of promotion and other service benefits such as increment, seniority, ACP etc. Petitioner joined her new assignment with Nigam at Gurgaon on 21.08.2010 (FN) as Assistant Engineer (Electrical) in the pay scale of Rs.9300-34800+5400 vide appointment letter dated 20.08.2010. Petitioner also submitted a representation for pay protection and counting of past service on 15.04.2011, which was rejected on 17.01.2012 by observing that the request was not found feasible of acceptance. Similar benefit has been given to other employees i.e Sh Sukhpal Singh, who was given offer of appointment of Assistant Engineer/Electronics Training vide memo dated 05.09.2007 and joined his assignment on 06.09.2007 in the office of Chief Engineer/FTPS, Haryana Power Generation Corporation Ltd. Similarly, Anil Kumar was also given the benefit of past service, who was appointed as Assistant Engineer (Civil) in Haryana Power Generation Corporation Ltd. On notice, a written statement has been filed by respondent No. 2 admitted that the petitioner joined as Assistant Engineer in Nigam in 2010 and the representation submitted by the petitioner was also dealt with and not found feasible for acceptance in view of the fact that she was intimated well in advance i.e prior to her joining in the Nigam that she would be treated as a new entrant in the services of Nigam for all intents and purposes and no terminal benefits of past service rendered in Power Corporation will be transferred to the other power utility. Reference has been made firstly to para 6(x) of the offer of appointment issued to the petitioner, which reads as under:- 6(x) If you are at present employed in Central/State Government/ Semi Govt./Autonomous Body etc, you will have to resign your present post before you are allowed to join the HVPNL service. It should clearly be understood that you will be treated as new entrant in the service of HVPNL for all intents and purposes. Ms. Suchitra Chaudhary in compliance of the offer of appointment issued to her, reported her consent and accepted the offer of appointment on the terms and conditions mentioned therein. Further while applying for the post of Assistant Engineer (Electrical) in UHGVNL/HVPNL advertised through HPSC, a NOC was issued to the petitioner by the HPGCL authorities authorities, vide memo dated 10.12.2008 (R-2/1), subject to the following conditions:- 1. That you will have to complete all the terms and conditions as contained in the offer of appointment of Assistant Engineer memo dated 29.11.2007 before joining UHBVNL/HVPNL (on selection). 2. That no terminal benefits of the past service rendered in HPGCL by you will be transferred to the other power utility and you will have no right to claim your lien on the post of AE from the date of your leaving the services of HPGCL on your selection and joining the other power utility and you will be relieved from the post of AE presently held by you in HPGCL after completion of all the required formalities and acceptance of your resignation by the Competent authority, in the even of your selection and joining the post of AE (Electric) in UHBVNL/HVPNL.";