P K BHATNAGAR Vs. STATE OF U P

JUDGEMENT

(1.) Reserved

(2.) The grievance of the petitioner in the instant writ petition is that he was selected and appointed as Research Assistant in the Planning Institute in substantive capacity in Mach, 1978 and in the year 1984, the petitioner was sent on deputation to the U.P.Rajkiya Nirman Nigam Ltd as Assistant Resident Engineer but at present neither he is being treated as the employee of the Planning Department nor of the Nirman Nigam, as a result whereof, the petitioner is deprived of his service benefits and his entire service career has become blurred.

(3.) Briefly stated facts of the case are that the petitioner was appointed as Research Assistant(Engineering) in the Planning Institute in March 1978. Thereafter, he was selected and appointed as Research Officer(Engineering) vide order dated 13.5.1982. Pursuant to the circular dated 2.3.1982, issued by the U.P. Rajkiya Nirman Nigam( in short referred to as the Nigam ), the petitioner applied for appointment on deputation as Assistant Resident Engineer(Electrical). On being selected, the petitioner was relieved on 8.6.1994 and on 13.6.1984, the petitioner joined on the deputation post. It may be mentioned here that the post of Assistant Resident Engineer was re- designated as Resident Engineer(Electrical) with effect from 7.8.1985. During the period, when the petitioner was working on deputation post, his services on the post of Research Assistant (Engineering), in his parent department, were regularized by the order dated 5th November 1985. In the meantime, the parent department wrote a letter to the petitioner that he will not be entitled for increment, pension, gratuity etc. from the parent department and on 16.1.1988, the petitioner wrote a letter to the Nigam informing that the petitioner has not been treated on deputation and the Nigam is required to remit leave salary and pensionary contribution.