GIAN CHAND Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) Both these writ petitions (CWP No. 1867 of 1995 and CWP No. 710 of 1998) may be dealt with together by this common order since learned Counsel appearing for the Petitioners as well as for the Respondents have made their submissions in common and reliefs sought for by the Petitioners are identical. CWP No. 1867 of 1995 has been jointly filed by 11 Petitioners and CWP No. 710 of 1998 by two Petitioners against Union of India through its Secretary, Ministry of power Government of India (Respondent No. l), State of H.P. through the Secretary, MPP and Power to the Government of H.P. (Respondent No. 2) and Nathpa, Jhakari Power Corporation Limited (for short NJPC) through its Chair-man-cum-Managing Director (Respondent No. 3). By way of these petitions under Article 226/227 of the Constitution of India, the Petitioners seek the following reliefs:

(2.) Petitioners undisputedly are Ex-servicemen and after having retired from the Indian Army, they got their names enrolled with the Employment Exchanges in Himachal Pradesh as well as H.P. Sainik Welfare Board (Ex-servicemen Cell) for the purpose of obtaining civil employment. NJPC is a joint venture of the Government of India and Government of Himachal Pradesh. The Respondent-NJPC has invited sponsorship of the eligible persons for appointments to the post of Wireless-cum-Telephone Operators and Staff Nurses from the Employment Exchanges in H.P. including Sainik Welfare Board, Hamirpur. The names of first ten Petitioners were sponsored by the H.P. Sainik Welfare Board (Ex-servicemen Cell) to the Respondent-NJPC to consider them for appointments to the posts of Wireless-cum-Telephone Operators. On the basis of sponsorship, the Petitioners were invited by NJPC to attend trade test/interview being held by the NJPC Selection Board on 9.8.1993 to the posts of Wireless-cum-Telephone Operators in the pay scale of Rs. 1150-1730 (IDA). The first ten Petitioners in CWP No. 1867/95 and both the Petitioners in CWP No. 710/98 were selected for appointment by the Respondent-NJPC and they were issued appointment orders on the basis of which all of them joined the service of the Respondent-NJPC as Wireless-cum-Telephone Operators in the said pay scales.

(3.) The name of Budhi Singh Petitioner No. 11 was sponsored by the Employment Exchange, Rekong Peo for the post of Staff Nurse. He also qualified the trade test and interview held on 15.9.1993 and subsequently, he was also offered the appointment to the post of Staff Nurse in the pay scale of Rs. 1175-1825 (IDA) with basic pay of Rs. 1,175/-. The Petitioners averred that after successfully completing the probation period, they were confirmed in the posts by the Respondent-NJPC. The Petitioners contended that they were re-employed in the Respondent NJPC against the vacancies reserved for ex-servicemen and, therefore, they are entitled to all the benefits of ex-servicemen under the rules framed by the State Government known as Demoblized Armed Forces Personnel (Reservation of Vacancies) Rules, 1972 (for short 1972 Rules) and the said rules have been made applicable by the State of Himachal Pradesh to all the Public Undertakings/Corporations/Autonomous Bodies of the State of Himachal Pradesh. Petitioners have also stated that they had enrolled themselves with the Exservicemen Cell of the Directorate of Sainik Welfare Board, Hamirpur with sole object to get benefits under 1972 Rules on their reemployment in civil services and that under service rendered in the Armed Forces shall have to be counted in full towards seniority and fixation of pay under State Government in the post to which the Ex-serviceman is appointed against the vacancies reserved under Rule 3 thereof. Petitioners also alleged that on being sponsored by the Ex-servicemen Cell for appointment in civil service of Respondent-NJPC, they joined their services in the respective posts with the legitimate expectation that the Respondent-NJPC being a joint venture of the Central Government and the State Government, they will draw benefits of 1972 Rules, but the Respondent-NJPC has denied them these benefits whereas staff recruited by the Respondent-NJPC on Secondment from the H.P. State Electricity Board (HPSEB) are availing the benefits of pay fixation and seniority as Ex-servicemen under the State Rules. Petitioners also stated that Respondent-NJPC is paying Hill Compensatory Allowance of Rs. 375/ per month in the District of Kinnaur and Rs. 200/per month in the District of Shimla to the Seconded staff recruited from the H.P.S.E.B., whereas the employees of the Respondent-NJPC like the Petitioners are being deprived of the said benefit despite the fact that these employees are also working on high altitude in the District of Kinnaur and Shimla along with Seconded staff of HPSEB. The Petitioners also stated that they have been treated arbitrarily by the Respondent-NJPC on their re-employment by declaring their status as workmen whereas other persons appointed in other categories who have got Diplomas have been classified in the Supervisory and Executive categories despite the admitted fact that first ten Petitioners have been appointed as Wireless-cum-Telephone Operators who are having Diplomas from the Indian Army and thus their qualification is in no way inferior to the Diplomas obtained by the other employees and in such circumstances, the Petitioners cannot be termed as workmen but should have been classified as holding supervisory posts. The Petitioners have further stated that they have been representing their grievances to the various authorities of the Respondent-NJPC but have remained unsuccessful. On these premises, the present writ petitions have been filed seeking the above stated reliefs.