YAQUB Vs. UNION OF INDIA

JUDGEMENT

(1.) The following two questions have been referred to the Full Bench in pursuance of an order made by 0m. Parkash and Ansari, JJ. :-

(2.) The petitioner joined service as a clerk in the Public Works Department of erstwhile Chamba State on June 29, 1946. The said State acceded to the Union of India in 1948 and later when the Himachal Pradesh came into being the petitioner worked as a clerk in Himachal Pradesh Public Works Department. The petitioner was promoted as a Head Clerk on December 4, 1958 in the grade of Rs. 150-10- 300. In April, 1964 the Electricity Branch of the Himachal Pradesh Public Works Department was put under the control of the Department of Multipurpose Projects and Power. The petitioner worked thereafter in various capacities in that Department. He was promoted as Assistant in that Department with effect from May 31. 1966 in the grade of Rs. 210-425. The conditions of service of the petitioner were governed by the rules known as the Himachal Pradesh Public Works Department Subordinate Class III (Clerical and Stenographers) Service Recruitment and Promotion Rules, 1960 made by the President under Article 309 of the Constitution. By virtue of those rules the petitioner was eligible for promotion to the post of Circle Scale Superintendent in the scale of Rs.300-20-400 plus allowances,

(3.) The generation, supply and maintenance of electricity in the erstwhile State of Punjab prior to 1959 was under the control of the Electricity Branch 'of the Punjab Public Works Department Respondents 4 to 6 were working as Assistants in that Department from October 19, 1957, June 14, 1958 and June 14, 1958 respectively. On February 1, 1959 the Punjab Government constituted the Punjab State Electricity Board (hereinafter referred to as the Electricity Board) under the provisions of the Electricity (Supply) Act, 1948 (Act No. 54 of 1948). The generation, supply and maintenance of electricity was thereupon entrusted to the said Board. Consequent upon the constitution of the Electricity Board the services of the employees of the Punjab Public Works Department were initially transferred to the Electricity Board on the terms and conditions set forth in a memorandum dated March 15, 1958. Later on this arrangement was, terminated and the posts held by the various employees were abolished and notices were served upon them to the effect that their services under the State Government were being dispensed with. The employees were asked to apply to the Electricity Board for employment under the said Board. The employees were also told that in pursuance of the request of the Punjab Government the Electricity Board had agreed to take the said employees into service of the Board and to safeguard their rights regarding pension, gratuity, leave and other benefits of service, which had accrued to those employees under the Punjab Government provided the employees gave up their rights to claim pension, gratuity and other benefits from the Punjab Government. In pursuance of those notices the employees of the Electricity Branch of the Punjab Public Works Department including respondents 4 to 6 applied to the Electricity Board and the Board took them into service on the terms indicated in the notices issued to them by the Punjab Government.