OM PRAKASH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Mr. Rakesh Kumar Mathur, learned Counsel for the petitioner, Mr. G.D. Mishra, learned Counsel appearing on behalf of respondent No. 4 and Mr. Roopesh Tiwari, learned Standing Counsel appearing on behalf of the State.

(2.) The petitioner in this writ petition prays that a writ in the nature of mandamus be issued, directing the Chairman, Committee of Management/ Managing Director, Pradeshik Cooperative Dairy Federation Limited to pay the balance of gratuity due to the petitioner, together with interest on the entire gratuity paid with delay, leave encashment dues, dues on account of medical leave, special pay under the family planning scheme and other dues in consonance with the 6th Pay Commission.

(3.) The petitioner says that it is not in issue that the Project Director, the Project Engineer, Assistant Project Engineer and Junior Engineers appointed with the NOIDA Dairy Project, would be placed on deputation with the National Dairy Development Board (for short, 'the NDDB') till completion of project, and further for the employees and officers of the NOIDA Dairy Project, the U.P. Cooperative Employees Service Regulations, 1975 would govern their conditions of service until the framing of separate service rules. The petitioner was appointed on 11/15/8/1992 as an Assistant Project Engineer (Civil) with the NDDB, acting on behalf of the Pradeshik Cooperative Federation Limited (for short, 'the PCDF') on 23/11/1992. He joined as an Assistant Engineer on 23/11/1992 with the NOIDA Dairy Project, an autonomous unit of the PCDF. The petitioner's appointment letter shows that he would remain on deputation with the NDDB, wherefrom he was posted with the NOIDA Dairy Project. He was repatriated to his parent employer, to wit, the PCDF. He joined at the PCDF, NOIDA Dairy Project, NOIDA on 1/9/1999.