STATE OF HARYANA AND ANR. versus D.L. UPPAL AND ORS.

Citation: [1995] SUPP. 3 S.C.R. 42 · Decided: 24-08-1995 · Supreme Court of India · Bench: K. RAMASWAMY, B.L. HANSARIA · Disposal: Disposed off
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Judgment (excerpt)

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A 
STATE OF HARYANA AND ANR. 
• 1 
v. 
D.L. UPPAL AND ORS. 
AUGUST 24, 1995 
B 
[K. RAMASWAMY AND B.L. HANSARIA, JJ.] 
Service Law: 
Physical Trai1ung lnstmctors-Appointment by Central Govern-
c ment-Subsequent appointment and absorption in State Govemment-Direc-
tions regarding payment of DA. etc. as on the date of absorption-Issued. 
The respondents working as Physical Training Instructors with the 
Central Government were subsequently appointed and absorbed in the 
service of State of Haryana as P.E.Ts. or D.P.Es. with effect from July 1, 
D 1976. The terms of appointment provided that (i) froni the date of absorp-
tion in State service they will be entitled to all allowances as admissible to 
other State Government employees; (ii) pay and allowances viz. Dearness 
~ 
allowance, Dearness Relief, Interim Relief and Additional Dearness Al-
Iowances received under the State will be protected; and (iii) the expendi-
E 
tore incurred in that behalfwill be reimbursed by Central Government till 
absorption by State Government. The respondents laid claim for payment 
of D.A. etc. as on the date of absorption, and it was allowed by the High 
Court. Hence this appeal by the State Government. 
Disposing of the appeal, this Court 
F 
HELD: The claim laid by respondents in respect of dearness 
Allowance etc. would be given to them as on the date of their absorption 
i.e. October, 1976. The State Government in turn would be entitled to 
reimbursement from the Central Government. (44-A-B] 
G 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 7977 of 
1995. 
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From the Judgment and Order dated 4.8.92 of the Punjab & Haryana 
... 
High Court in C.W.P. No. 2558 of 1991. 
H 
Ms. Suruchi Agrawal for Ms. Indu Malhotra for the Appellants. 
42 
STATE v. D.L. UPPAL 
43 
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The following Order of the Court was delivered : 
A 
Leave granted. 
We have heard the counsel on both sides. This appeal by special 
leave arises from the order of the Division Bench of the High Court of 
Punjab and Haryana dated August 4, 1994 made in C.W.P. No. 2558 of B 
1991. It is not in dispute that the respondents were appointed as Physical 
Training Instructor by the Central Government. At the Instance of the 
f 
Union of India, the respondents came to be appointed on October 14, 1976 
by the State Government of Haryana in N.D.S.I. Scheme. The order of 
appointment, which is Annexure R-V to the petition is the proceedings c 
dated October 15, 1976 of the Director of Public Instruction (Education 
Department), Haryana. It would show that consequent upon the decision 
of the Government of Haryana to absorb the N.D.S. Instructors in the State 
Service with effect from 1.7.1976, they were appointed as PTI (NFC) 
D.P.E. on temporary basis in the pay scale of Rs. 125-5-150-250 and Rs. 
D 
220-6-300/10-400 respectively. Condition No. 9 specified that "From the 
date of absorption in the State Service he/she will be entitled to all 
allowances as admissible to other State Government employees of this 
Cadre." Condition No. 10 stated: "The pay & allowance he/she gets under 
the Central Government at the time of absorption in the State Service will 
be protected, for this purpose the allowances to be protected are Dearness E 
Allowance, Dearness Pay, Interim Relief and Additional Dearness Al-
lowances." Para 15 said : "The total expenditure on pay, allowances, etc. of 
the N.D.S. Instructors will continue to be reimbursed by the Government 
of India to the State Government till they remain in the cadre of P.E.T. in 
which they are absorbed by the State Government." 
F 
Thus, it would be clear that the respondents who were hitherto 
working with the Central Government are absorbed in the service of the 
State of Haryana in the Education Department as P.E.Ts., or D.P.Es. with 
effect from July 1, 1976, will be entitled to the pay on par with the State 
Government employees and allowances, namely, the Dearness Allowances, G 
..... 
Interim f-..:;;,J etc. will be ~s admissible to the Central Government 
employees and as on the date of absorption. The expenditure incurred by 
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the State Government in that behalf will be reimbursed by the Central 
Government till they remain in the cadre of the P.E.T. only. 
In that view of the matter, the claims, whatever they may be, laid by H 
44 
SUPREME COURT REPORTS [1995] SUPP. 3 S.C.R. 
A 
the respondents in respect of dearness allowance etc. as enumerated in 
clause 10 of the Order of appointment, would be given to the re
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