STATE OF U.P. Vs. IQBAL SINGH

JUDGEMENT

(1.) The appeal challenges the judgment and order dtd. 25/11/2010 by which the Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench, Lucknow has dismissed the Writ Petition being S.B No.1740 of 2010 filed by the appellantState challenging the order dtd. 23/6/2009 passed by the State Public Services Tribunal, Indira Bhawan, Lucknow (hereinafter referred to as "Tribunal ").

(2.) The undisputed fact is that the respondentemployee came to be appointed as a Junior Engineer with the Public Works Department (hereinafter referred to as the "PWD ") on 27/3/1973. In the year 1982, there was an advertisement for the post of Assistant Engineer issued by Harijan Evam Nirbal Varg Avas Nigam Ltd. (hereinafter referred to as "Nigam ").

(3.) The respondentemployee was duly selected in the selection process and appointed as Assistant Engineer on 30/12/1982. The respondentemployee was relieved from PWD of the State on 5/2/1983. After having rendered services with the Nigam for a few years, the respondentemployee made an application to the State for permitting him to join back to the services of the PWD. Since the respondentemployee was denied the same, he filed the Claim Petition No. 991 of 2004 before the Tribunal. The Tribunal, vide order dtd. 12/10/2004, directed the appellant(s) herein to allow the respondentemployee to join the PWD on the post of Junior Engineer before 31/10/2004. During the pendency of the claim petition before the Tribunal, the respondentemployee retired and superannuated from the services of the PWD on 31/10/2006. The claim petition came to be decided by the learned Tribunal on 23/6/2009. Vide the said order, the learned Tribunal held that the respondentemployee had retired from the PWD and was entitled to retiral benefits and notional promotions from there as he was deemed to be an employee of PWD. Being aggrieved thereby, the appellant(s) approached the Division Bench of the High Court and the same was dismissed. Hence, the present appeal.