ABDUL SALAM KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS petition was filed initially for the following reliefs: -

(2.) THEREAFTER the writ petition was amended incorporating a prayer to challenge a writ and order by declaring the Uttarakhand Rajya Sampati Vibhag Vahan Chalak Samviliyan (as amended Rules 2007) as ultra vires to the Constitution of India so far as it relates to Rule 6(8) is concerned.

(3.) IN the counter affidavit, it has been stated that immediately after bifurcation, the petitioners were attached to the Estate Department. This was spelt out first time in the letter dated 19.01.2002 followed by 23.01.2002. Thereafter the Rules were prepared in the year 2002 and then amended in 2007. It is said that the writ petitioners, in terms of the Rule 10 of the Absorption Rules, had given undertaking to abide by the Rules to accept the provision provided in their service condition.