SHASHI THAPA Vs. STATE OF U P

JUDGEMENT

(1.) M. M. Ghildiyal Heard Sri I. P. Gairola, learned counsel for the petitioners, Sri U. K. Uniyal, learned counsel for respond ent No. 4, learned standing counsel for State of Uttaranchal on behalf of respondent Nos. 1, 2, 3, 5 and 6.

(2.) BY means of this writ petition, the petitioners have prayed for fol lowing reliefs: (a) to issue a writ, order or direc tion in the nature of Certiorari to quash the appointment order dated 24th June, 1996 after summoning the original; (b) to issue a writ, order or direc tion in the nature of Mandamus commanding the opposite par ties to appoint the petitioners on Class III post in any government department within the Kumaon Diuision within a fixed reasonable time; (c) to issue a writ, order or direc tion in the nature of Mandamus commanding the opposite party No. 2 to pay arrears of salary of the petitioners with effect from 1st April, 1996 till such date the petitioners are not suitably absorbed on the equivalent class III post in any other gov ernment department; (d) to issue any other suitable or der or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case; (e) to award the costs of the peti tion.

(3.) THE facts of the case are that after successfully completing one year training in the Organisation of tel ephone parts assembly petitioner No. 1 was employed in the Teletronix Limited i. e. respondent No. 2 vide order dated 03-03-1988 on the post of Assembler in the pay scale of Rs. 335 - 495. Petitioner No. 2 was also appointed vide order dated 13-08-1988 as Assembler in the pay scale of Rs. 335-495 with respondent No. 2. THE post of Assembler comes within the category of Class III em ployee. THE said pay scale was later on revised to Rs. 825- 1200. Again the said pay scale has been revised with effect from 1996. On 30-12- 1995, Government of U. P. issued no tification for winding up of Teletronix Limited. THE said notification is an nexed as Annexure No. 4 to the writ petition. Subsequent to the decision of winding up of the aforesaid Com pany the Government also took a decision that the employees of Teletronix Limited would be absorbed in Kumaon Division in different Gov ernment Departments, Corporations etc. by granting them age relaxation for appointment. To provide employ ment to these retrenched employees in various departments the Govern ment also freeze fresh appointment in different departments till the re trenched employees of Teletronix Limited are absorbed.