STATE OF UTTAR PRADESH Vs. OM PRAKASH SINGH

JUDGEMENT

(1.) Leave granted.

(2.) The State of U.P. calls in question legality of judgment rendered by a Division Bench of the Allahabad High Court at Lucknow, by which the High Court affirmed the order passed by the State Public Service Tribunal, Lucknow (in short the Tribunal).

(3.) Background facts necessary for disposal of the appeal are essentially as follows : Respondent was appointed in the U.P. State Horticultural Produce, Marketing and Processing Corporation Ltd. (in short the HORTICO). The said Corporation was closed w.e.f 15-7-1990. At the time of closure, respondent was drawing pay in the pay scale of Rs. 900-1770 and was drawing a basic pay of Rs. 1060/-. On 26-4-1991 the Government issued an order providing for appointment of retrenched employees of HORTICO on posts available for direct employment and which are outside the purview of U.P. Public Service Commission (in short the Commission) as a compassionate measure. The Government order dated 26-4-1991, inter alia, provided that the last pay drawn by the concerned employee of HORTICO would be protected. On 1-10-1991, respondent was given temporary appointment and posted as Deputy Jailor in the U.P. Jail Services. He was placed in the pay scale of Rs. 1400-2300. By order dated 3-10-1997 the Government fixed pay of the respondent at Rs. 2250 in the pay scale of Rs. 1400-2300 with a view to protect his pay. On 16-3-1998 the respondent made a representation stating that he should be covered by the revised pay scale of Rs. 2200-4000 w.e.f. 1-1-1986 in HORTICO and pursuant to the decision of the State Government his last pay should be protected in that scale. The representation was rejected by the State Government on 24-8-1999. It was noted that the revised pay scale was not adopted by the HORTICO. In any event, HORTICO having been closed the question of accepting the prayer of the respondent did not arise.