LAWS(ALL)-2013-12-10

STATE OF U.P. Vs. JAI PRAKASH GUPTA

Decided On December 03, 2013
STATE OF U.P. Appellant
V/S
JAI PRAKASH GUPTA Respondents

JUDGEMENT

(1.) INSTANT writ petition under Article 226 of the Constitution of India, has been preferred against the judgment and order dated 29.3.2012, passed by the U.P. State Public Services Tribunal, Lucknow in Claim Petition No.222 of 2010 (Jai Prakash Gupta. Vs. The State of U.P. and others). The Tribunal allowed the claim petition and directed the petitioners to consider the case of the claimant respondents for grant of scale of S.I. (M)/Steno equivalent to Assistant Programmer and pass order accordingly. The Tribunal also directed to count the services of the claimant respondents rendered by them in Uptron India Limited, for pensionary and other retiral benefits in pursuance of the provisions contained in Rule 19 (3) of the U.P. Police Computer Staff (Non -Gazetted) Service Rules, 2002 (in short Rules).

(2.) WHILE preferring the claim petition before the Tribunal, the claimant respondent preyed for following relief, to reproduce from claim petition: -

(3.) THE Uptron India Limited was running in loss. In consequence thereof, it was declared a sick industry and referred to Board of Industrial and Finance Reconsideration (in short BIFR) in the year 1993. The IFCI was appointed as operating agency. The financial condition of the Company further deteriorated over the years so much so that payment of salary to its employees became difficult. The production of Uptron India Limited closed since 1998. The matter is still pending with BIFR. As such, by the Government order dated 26.11.2002 it has recommended for complete closure of Uptron India Limited and sent to BIFR. Winding up petition was also filed which is pending.