IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Special Appeal No. 173 of 2007 Laksman Das & others. .……… Appellants Versus State of U.P. & others. .………. Respondents. Mr. M.C. Pant, Advocate for the appellants. Mr. Vinay Kumar, Standing Counsel for respondent No. 2 / State of Uttarakhand. Mr. V.B.S. Negi, Advocate for respondent No. 4. JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble V.K. Bist, J. BARIN GHOSH, C. J. (Oral) Appellants were Government employees. They were engaged as Conductors, Booking Clerks, Cleaners, Assistant Mechanics etc. and were asked to discharge duties pertaining to Government Roadways that was then in existence. The posts held by the appellants were not pensionable posts. Next posts, to which the appellants could be promoted, were pensionable posts. As far back as in 1972, the Government decided to establish a Corporation by the name of Uttar Pradesh State Road Transport Corporation with the object that the functions of the Government Roadways shall henceforth be looked after by the said Corporation. In July, 1972, after the said Corporation was created, the Government asked its employees, working in the Government Roadways Department, to be deputed to Uttar Pradesh State Road Transport Corporation. The Government, on 5th July, 1972, expressly held out that deputationists shall be entitled to all the benefits that they were entitled to as employees of the State Government. Later on, on 28th July, 1982, those employees were absorbed in the Uttar Pradesh State Road Transport Corporation. Appellants too were, thus, absorbed. Inasmuch as the service conditions of the deputationists could not be altered, Uttar Pradesh State Road Transport Corporation, by an order dated 3rd February, 1994, expressly held out that those employees, who, before absorption in the Uttar Pradesh State Road Transport Corporation, i.e. before 28th July, 2 1982, were promoted to the pensionable posts, they shall be entitled to pension. Appellants, who were promoted to those posts subsequent to 28th July, 1982, seek pension and, hence, the writ petition was filed 20 years after their absorption. 2. As aforesaid, it was expressly held out to the deputationists that their service conditions shall not be altered. The deputationists, while being on deputation but before their merger, were promoted to the promotional posts. The promotional posts, being pensionable posts, on being promoted, the promotees acquired the right to receive pension. Therefore, as on the date those promotees were promoted, they had already earned the right to earn pension. Uttar Pradesh State Road Transport Corporation only made the same clear by its decision dated 3rd February, 1994. Nothing new was done thereby. Appellants, who were promoted to those posts subsequent to 28th July, 1982, i.e. after they were absorbed in the Uttar Pradesh State Road Transport Corporation, were not promoted to any pensionable post, inasmuch as, at that time, those posts did not remain pensionable posts since the posts in the Corporation are not pensionable posts. The writ petition, accordingly, has been dismissed by the judgment and order under Appeal. For the reasons as aforesaid, we find no reason to interfere therewith. 3. The Appeal fails and the same is dismissed. (V.K. Bist, J.) (Barin Ghosh, C. J.) 20.12.2010 20.12.2010 G