MOHD BAQAR Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners were appointed temporarily for a limited period in the Moradabad Development Authority, Moradabad, Section 5A was introduced by the U. P. Ordinance No. 19 of 1984 and has been replaced by the U. P. Act No. 21 of 1985. After the period of limitation to the appointment letter had expired, the petitioners were allowed to continue in service till 1988 though the original period was limited till 30th April, 1984. By order dated 1st August, 1988 further limitation was sought to be imposed by indicating that the services of the petitioners were for a period till 31st August, 1988. But the fact remains that in the year 1984, Section 5A was introduced in the U. P. Urban Planning and Development Act, 1973 by means of U. P. Act No. 21, 1985 following the U. P. Ordinance No. 19 of 1984 as aforesaid.

(2.) ON these backgrounds, Mr. B. D. Mandhyan, learned counsel for the petitioners contended that in view of the provisions contained in Section 5A service of the petitioners could not be terminated otherwise than in accordance with the provisions introduced by the said amendment.

(3.) BY reason of introduction of Section 5A Centralised service was sought to be created. For the purposes of creation of such service, the relevant provisions have been introduced which protected the cases of the persons holding temporary or officiating appointment as is apparent from sub-section (2) of clause (b) of Section 5A as aforesaid. It is not disputed that the centralised service has been created. Therefore, as soon as the centralised service is created, the provisions of sub-section (2) become operative. The said sub-section provides that a person who was already confirmed in his post immediately before the creation of the centralised service would be absorbed finally and those holding temporary and officiating appointments would be absorbed provisionally. It is not disputed that the centralised service has been created before 1st August, 1988. Therefore, the petitioners having held temporary/ officiating appointments were eligible for being provisionally absorbed in the centralised service as soon as it had been created by reason of sub-section (2) of Section 5A of the Act. But the said provisional absorption is subject to final absorption which is to be done in the manner prescribed, provided he does not opt out of the service as contemplated in sub-section (3) of Section 5A of the Act and examination in the manner prescribed for deciding his suitability in terms of sub-section (4) for being finally absorbed. Only when he has not opted out of the service and he is found suitable on such examination in terms of sub-section (5) of Section 5A of the Act, he would be eligible for final absorption. In case the person is not found suitable or he has opted out of service his services would stand determined in the manner prescribed in sub-section (5).