DINESH LAL PATUA Vs. STATE OF U P

JUDGEMENT

(1.) Heard the learned Counsel for the parties at length.

(2.) This writ petition has been filed for the issue of a writ in the nature of certiorari quashing Rule 2 (c) of Uttar Pradesh Absorption of Retrenched Employees of Government and Public Corporations in Government Services Rules, 1991 and for mandamus directing the opposite parties to absorb the petitioners on the post of Instructor or any other equivalent post in the Kumaon Division.

(3.) Briefly stated the facts giving rise to the present writ petition are that the petitioners were appointed in Kumaon Television Ltd. as Technical Grade 'A'. All the petitioners since their appointments have been in continuous service of Kumaon Television Ltd. and Teletronix Ltd. The petitioners have submitted that the Teletronix Limited and the Kumaon Television Limited are the Government Companies registered under the Companies Act and the said companies are the subsidiary companies of the Kumaon Mandal Vikas Nigam Ltd. The Government of Uttar Pradesh vide notification dated 30th Dec., 1995 wind up Teletronix Ltd. and Kumaon Television Ltd. It has been mentioned in the said G.O. that arrears of salary to the employees of the wind up units will be paid by the Kumaon Mandal Vikas Nigam. It has also been provided in the said G.O. that employees of wind up units will be observed in Kumaon Mandal Vikas Nigam and other Government Department. The petitioners have also submitted that the Government also constituted a committee headed by the Commissioner, Kumaon Division for the absorption of the employees in the different Departments against the existing vacancies. The petitioners also submitted that 50% of the retrenched employees have been absorbed in various Department in Kumaon Division. The Joint Director (Training and Apprentices) informed the Managing Director, Kumaon Mandal Vikash Nigam Ltd. that pursuant to the Government order dated 26th Feb., 1996 only such retrenched employees would be considered for absorption, who were appointed before 1st Oct., 1996. The grievance of the petitioners is that there is no justification on the part of the respondent No. 1 for fixing cut off date for determining the category of retrenched employees for the purpose of absorption of employees in the Government service. The fixation of cut off date is arbitrary and illegal. The petitioner has also stated that in pursuant to the directions of the Commissioner, Kumaon Division vide letter dated 29th Aug., 1996, the Managing Director, Kumaon Mandal Vikas Nigam forwarded the names of 20 retrenched employees of Teletronix Ltd. and Kumaon Television which includes the names of the petitioners vide letter dated 3rd Sept., 1996 to the Joint Director (Training and Apprentices) to consider the said persons against the existing vacancies but no decision has been taken by the respondents till now for providing employment to the petitioners.