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It is also pertinent to mention here that the State Government has enacted the Act of 2009 with the objective to provide for the establishment and maintenance of Fire Service in the State of Haryana and for matters connected therewith or incidental thereto. The aforesaid Act has been enacted with the objective of strengthening the Fire Services in the State of Haryana by way of transfer of service of employees of all the local authorities i.e. Municipal Corporations, Municipal Committees, HSAM Board, HAFED, HSIDC, HUDA, HVPN and all the Authorities where the Fire Stations are established. For the said purpose, a provision has been made in the Act of 2009 under Section 53(1) which is reproduced as under:
"53(1) every whole time employee of a local authority who was employed by such local authority wholly or mainly in connection with the Fire Services of such local authority immediately before the appointed day, shall, on and from the appointed date, become an employee of the Government and shall hold his office under the Government on the same tenure, at the same remuneration and upon the same terms & conditions and with the same rights and privileges as to pension and gratuity and other matters as he would have held the same under the local authority as if its assets and liabilities relating to the Fire Services had not been transferred too the Government and shall continue to do so unless and until his remuneration, terms & conditions are duly altered by the Government."

It is also pertinent to mention here that 'safety of public from fire incidents' is the prime objective of the State Government and the interest of the public at large is attached with the said objective. Keeping in view the interest of the public at large it has been decided to strengthen the fire services in the State of Haryana. For this purpose specific provisions has been made for transfer of service f employees of the local authorities who are well qualified, skilled and competent to face the happenings of fire incidents due to their nature of duties. It will not be out of place to mention here that as per the Act of 2009 the services of employees of other local authorities is to be transferred and in case the request of the petitioners is allowed for change of their cadre, the possibility of setting up of a precedent for the employees of the other local authorities cannot be ruled out. Be that so, it will frustrate the basic objective of the Act of 2009 i.e. strengthening of fire service in the State of Haryana. The Legislature of the State of Haryana has enacted the Act of 2009 to provide for establishment and maintenance and fire services with the objective of strengthening of fire services and the request of the petitioners is against the spirit of the said Act. Under the garb of change of cadre, the petitioners want to avoid the performance of their duties for which they were appointed. Therefore, I am not inclined to accept the request of the petitioners as it will be against the spirit of the Act of 2009. In view of the facts and circumstances of this case and for the reasons recorded above, I do not find any merit in the representation dated 22.5.2009 (Annexure P-3) of the petitioners and the same is hereby rejected."

The learned counsel for the petitioners has challenged the impugned order, on the plea that by absorbing the services of the employees in the cadre of fire services, their service conditions would be affected, as they would not be entitled to bonus and one month's extra salary, which is being paid to the petitioners, while being employees of the market committees.

This plea of the learned counsel for the petitioners cannot be accepted for the reason that under Rule 21 it is discretion with the employer to allow an employee to change the cadre, depending upon the facts and circumstances of each case. Services being rendered by the petitioners are specialized services, therefore, no fault can be found with the decision of the employer in not accepting their request made under Rule 21 of the Service Rules.