DEVENDER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have approached this Court by way of this petition claiming the following prayers:-

(2.) The factual background of the case The Haryana Subordinate Services Selection Board advertised 25 posts of Lineman Instructor in Vocational Education/ITI in January 1988. The petitioners were selected by the Board and their names were recommended to the Government department and they were informed about it by letters dated May 26, 1989. Their names were at Sr. No.5 and 7 of the select list in general category on the basis of merit determined by the Board. However, they could not be issued appointment letters on account of stay orders obtained by the ad hoc/stop gap appointees who were holding the posts against which the petitioners were selected. But four candidates who were placed at Sr. No.1 to 4 in the select list were issued appointment letters and they were allowed to join service.

(3.) After waiting for a sufficiently long time without any success, the petitioners approached this Court by filing CWP No.1249 of 1993 which was allowed on May 14, 2010. Directions were issued to the State of Haryana to consider the petitioners for appointment. The State of Haryana filed Letters Patent Appeal No.1517 of 2010 against the orders of the learned Single Bench which was dismissed on February 10, 2011. In implementation of the order, the petitioners were offered appointment letters and they joined service on May 30, 2011. They were treated as fresh appointees governed by the New Pension Scheme - 2006 of the Haryana Government which was notified in the meanwhile. As per terms and conditions it was stipulated in para (xii) of the appointment letter their seniority was to be fixed in accordance with rules and instructions on the subject. There was no stipulation in the appointment letter that their services would be governed by the New Pension Scheme - 2006. The department opened Permanent Retirement Account No. (PRAN) for them, according to the new pension scheme which became applicable w.e.f. January 01, 2006. Feeling aggrieved, they represented on September 04, 2011 to respondent No.2 for opening GPF account as per the prevailing pension scheme at the time they were selected in the selection process 1988.