“19. The assurance given in para 4 of the Government order dated June 7, 1972 to all the officers/employees of the State Road Organisation that in the event of the provisions of absorption to be made in service regulations their service conditions, under the Corporation, shall in no case be inferior to the conditions as were available under the Government immediately before their absorption and that their tenure of Government service shall be considered for their seniority, promotion, pay fixation, entitlement for leave and for the benefits of retirement in the same way as would have been under the Government service, and so far as the pension is concerned fructified into statutory Regulation 39 (1) (ii) of the Service Regulation of 1981 notified on 19.6.1981. It is provided that a person who was employed in the erstwhile Government and has opted in the service of Corporation shall be entitled to pension and other retiral benefits in the terms of Government order dated 5.7,1972, it is found that whereas it amended the Government order dated 7.6.1972 by deleting all the paras except para 1 (1) (ka) providing for considering all officers and staff relating to the work on Roadways of the Transport Commissioner, Head Office on deputation under the existing terms and conditions of their service, an assurance was given that whenever service regulation shall be framed, the conditions of service shall not be inferior to those which were applicable to the Government servants prior to their absorption and that same conditions of service with regard to their seniority, promotion, pay fixation and other financial benefits shall be applicable as they would have received if they were in the Government service. It is admitted that all the petitioners were absorbed in the service of the Corporation. Under the conditions of their service, the employees who were not holding pensionable posts and were contributing to Employees Provident Fund, continued to subscribe to the fund even after their absorption. They became the employees of the Corporation and their service conditions were regulated by the U. P. State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981. As Corporation employees, they were not entitled to pension. Petitioners at the time of absorption in service, as the employees of the U. P. Roadways on deputation with Corporation, were not holding pensionable posts and thus it cannot be said that upon their absorption, the service condition with regard to the fact that they were not entitled to pension was less advantageous than it was applicable to the Employees of Roadways before their absorption .
