LAWS(ALL)-2017-4-10

PARAS NATH BHARTI & 5 OTHERS (INRE 7134 S/S 2006) Vs. STATE OF U.P. THRU. CHIEF SECRETARY, LUCKNOW & 2 OTHERS

Decided On April 04, 2017
Paras Nath Bharti And 5 Others (Inre 7134 S/S 2006) Appellant
V/S
State Of U.P. Thru. Chief Secretary, Lucknow And 2 Others Respondents

JUDGEMENT

(1.) Heard Sri Yogendra Mishra, learned counsel for the appellants and Sri Rajawat, learned counsel for the respondents State.

(2.) This appeal questions the correctness of the judgment of the learned Single Judge dated 04.07.2016 whereby writ petitions filed by the appellants have been dismissed denying the benefit of absorption to the appellants on the ground that no such benefit can be claimed by the appellant on account of the promulgation of the Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporation in Government Service Rules, 1991 having been rescinded in the year 2003 namely, the Recession Rules, 2003. Learned standing counsel also informs that the said rules were later on followed by an Act namely the 2009 Recession Act.

(3.) This Court had entertained the appeal and the following order was passed on 07.09.2016 calling upon the respondents State to file an appropriate affidavit particularly with regard to the determination of issue raised on behalf of the appellants vis-a-vis that of absorption of Shiv Prakash Sharma:-