MOHAMMAD ISHRAT Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 6.4,1998 Annexure -1 to the writ petition passed by the State Government respondent No. 1. By that order the petitioner's absorption on the post of Assistant Project Engineer in New Okhala Industrial Development Authority (hereinafter referred to as N.O.I.D.A.) has been cancelled.

(2.) PRIOR to 2.7.1994 the petitioner was functioning as Assistant Project Engineer in the Rural Engineering Service of the State of U, P. By means of order dated 2.7.1994 the petitioner was appointed as Assistant Project Engineer on deputation in N.O.I.D.A. by the State Government. This appointment of the petitioner on deputation was made under the New Okhala Development Authority Service Regulations 1981. Regulation 16 of the said Regulations states :

(3.) THEREAFTER the petitioner moved an application dated 17.9.1994 for permanent absorption in NOIDA and this application was recommended by the respondent No. 2 the Chief Executive Officer, NOIDA by his order dated 14.12.1994. This recommendation was followed by reminder of the respondent No. 2 dated 14.9.1995 in which it was specifically mentioned that there are 40 posts of Assistant Project Engineers in NOIDA out of which eight posts are lying vacant and on one of these posts the petitioner can be absorbed suitably. Reference to this recommendation has been made in para 9 of the writ petition.