SHRIPAL BHATI Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala, J. According to the petitioners, all of them are presently employed in Greater NOIDA Authority and are posted on the post of Manager Grade-I (Engineering ). Greater NOIDA Industrial Development Authority Service Regulations, 1993 (hereinafter called as 'regulations, 1993') was promulgated in 1993. Service conditions including appointment, promotion and seniority of the employees of Greater NOIDA are governed by such Regulations. Regulation 16 (1) has been shown to us to satisfy the test of recruitment which is quoted hereunder leaving aside irrelevant parts: "16. Source of recruitment.- (1) Recruitment of any post under the Authority may be made from any of the following sources - (a) by direct recruitment; (b) by promotion from amongst the employees occupying posts carrying a lower scale of pay; (c) by deputation or on contractual basis; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "

(2.) ACCORDING to the petitioners, there is no provision for absorption of employee on deputation by the authority although it has been provided as one of the mode. There is no clear cut policy of absorption/merger of the employees. However, some of the deputationists were absorbed even without any clear cut policy but on the basis of Regulation 76 of the aforesaid Regulations. Such regulation is quoted hereunder : "76. Regulation of other matters.- In regard to the matters not specifically covered by these regulations, persons appointed to the Service shall be governed by the rules, regulations and orders applicable generally to Government servants serving in connection with the affairs of the State:"

(3.) HOWEVER, we have to go by the legal interpretations not by the deposition of a deponent in the affidavit of some other matter. Ultimately the petitioners have made the following prayers in this writ petition: " (i) issue a writ, order or direction in the nature of writ of certiorari quashing the impugned order dated 2-6-2006 passed by the respondent No. 1; (ii) issue a writ, order or direction in the nature of writ of mandamus directing the respondents not to give effect to the impugned order dated 2-6-2006 during the pendency of the present petition; (iii) issue any other writ, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case; (iv) award cost of this petition to the petitioners. "