CHAHAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties at length and perused the record of the writ petition as desired by them.

(2.) The petitioner, Chahan Singh at the relevant time working on deputation with New Okhla Industrial Development Authority called NOIDA (an authority under Article 12, Constitution of India) created under U.P. Industrial Area Development Act, 1976.

(3.) NOIDA, initially on its inception did not have its own permanent staff and hence, borrowed peoples on its staff on deputation from other source, e.g.. State Government. Later NOIDA employed, by making regular appointment on its staff, certain persons on its staff. U is admitted that several posts in 'NOIDA' Establishment are still being held by people brought on. deputation from their parent departments in the Government. NOIDA, thus, has two categories of employees-one, those who are appointed by the NOIDA itself and second, those who are employed elsewhere but brought on deputation as stop gap temporary arrangement and who hold their Hen in a cadre of service under control of their parent employer. The precise question for adjudication on these writ petitions for the purpose of preferential treatment in allotment of flat/plot, employees of both the categories can be bracketed as one class, in other words whether both regular employees those on deputation can be treated as employee of NOIDA in the context of the relevant G.O.