H S SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) H.S. Shukla is assailing the validity of the order dated passed by the U.P. State Public Services Tribunal, Lucknow, in claim petition no. 6/V/1986 (H.S. Shukla Vs. State of U.P. & others) wherein claim petition preferred on behalf of petitioner has been dismissed and the action taken by the disciplinary authority has been affirmed.

(2.) Brief background of the case as is being reflected that U.P. State Road Transport Corporation has been constituted w.e.f. 1.6.1972 under Section 3 of the Road Transport Corporation Act 1950 vide notification dated 31.5.1972 published in the gazette extraordinary dated 1.6.1972 and it succeeded in-toto to the assets and liabilities of the erstwhile U.P. Government Roadways vide notification dated 20.6.1972 published in the gazette dated 15.7.1972 as extended subsequently. Thereafter, by Government Order dated 7.6.1972 as amended on 5.7.1972 all the employees of the erstwhile U.P. Government Roadways were to be treated as on deputation with the Corporation and they continued to work in the same capacity and as far as petitioner is concerned he has been an employee of State Roadways since the year 1967.

(3.) U.P. State Road Transport Corporation framed regulations under Section 45 (2) (c) of the Road Transport Corporation Act 1950 w.e.f. 19.6.1981 known as U.P. State Road Transport Corporation Employees (other than Officers) Service Regulations 1981 in view of the provisions as contained under Section 4 of the U.P. State Roadways Organisation (Abolition of Posts and Absorption of Employees) Rules read with U.P. State Road Transport Corporation Employees (other than Officers) Service Regulations, 1981 and U.P. State Road Transport Corporation Employees (other than Officers) Service (Ist Amendment) Regulations 1982, all the employees of erstwhile U.P. Government Roadways stood absorbed in the Corporation w.e.f. 28.2.1982 and this is how the petitioner is an employee of the Corporation on the relevant date.