RAKESH KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition was filed by the petitioner for a direction to the opposite parties to give him the pay scale of Rs.1350 -2200, which was being drawn by him as Accountant when he was working with U.P. Purvanchal Vikas Nigam in the light of the principle of last pay drawn and in accordance with the Government Order dated 11.11.1993.

(2.) THE brief facts are that the petitioner was initially appointed in U.P. Purvanchal Vikas Nigam on 04.05.1981 as Accountant and continued to work as such till he was retrenched on account of the closure of the Nigam. The U.P. Purvanchal Vikas Nigam was closed by the State Government in the year 1992 and as such all the employees working therein stood retrenched. They filed a writ petition being Writ Petition No.4178 (MB) of 1992, in which a Division Bench of this Hon'ble Court passed an interim order directing the absorption of the employees on the alternative posts and further directing that their services will not be terminated. In pursuance of the aforesaid order, the Government issued several Government Orders and one such Government Order was issued on 11.11.1993. The Rules with regard to retrenched employees were also framed and named as Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules, 1991. The petitioner at the time of retrenchment was working on the post of Accountant and was drawing his salary in the pay scale of Rs.1350 -2200. In pursuance of the said Rules of 1991, the interim order was passed and the petitioner was absorbed in the Office of District Development Officer, Barabanki. The petitioner was posted as Junior Accounts Clerk in the pay scale of Rs.950 -1500 and was posted at Vikas Khand Suratganj. The petitioner immediately made a representation to the Managing Director praying that he should be absorbed on an equivalent post on the pay scale which he was drawing at the time of retrenchment. However, no action was taken on his representation. Thereafter, the Managing Director of U.P. Purvanchal Vikas Nigam passed an order that petitioner will remain attached with the Nigam until further orders. The petitioner is still working in the Nigam as Accountant, but he is not being given the pay scale of Rs.1350 -2200. Later on, the petitioner was transferred to Barabanki and then to Faizabad. This Hon'ble Court while entertaining the petition, passed an interim order directing the opposite parties to consider the claim of the petitioner in the light of the Government Order dated 11.11.1993. However, the petitioner's representation, which was submitted in the light of the aforesaid interim order, was also rejected by the order dated 08.04.1999. The petitioner then amended the writ petition and also added a relief for quashing of the order dated 08.04.1999, by which the representation was rejected.

(3.) I have heard learned counsel for the parties and gone through the pleadings of the writ petition and the counter affidavit.