INDU SHEKHAR SINGH Vs. STATE OF U P
LAWS(SC)-2006-4-43
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on
April 28,2006
INDU SHEKHAR SINGH
Appellant
VERSUS
STATE OF UTTAR PRADESH
Respondents
Referred Judgements :-
GOVERNMENT OF ANDHRA PRADESH AND ORS. V. M.A. KAREEM AND ORS. [REFERRED TO]KOSHAN LAL TANDON KUNJ BEHARI VS. UNION OF INDIA [REFERRED TO]
R S MAKASHI VS. I M MENON [REFERRED TO]
WING COMMANDER J KUMAR VS. UNION OF INDIA [REFERRED TO]
PRABODH VERMA DAL CHAND VS. STATE OF UTTAR PRADESH [REFERRED TO]
K MADHAVAN DWARKA NATH VS. UNION OF INDIA [REFERRED TO]
R N GOSAIN VS. YASHPAL DHIR [REFERRED TO]
U P AWAS EVAM VIKAS PARISHAD VS. RAJENDRA BAHADUR SRIVASTAVA [REFERRED TO]
RAM JANAM SINGH STATE OF UTTAR PRADESH VS. STATE OF UTTAR PRADESH:RAJENDRA SINGH MALHAN [REFERRED TO]
RAMANKUTTY GUPTAN VS. AVARA [REFERRED TO]
ANANDCHANDRADASH VS. STATE OF ORISSA [REFERRED TO]
UNION OF INDIA VS. ONKAR CHAND [REFERRED TO]
K ANJAIAH VS. K CHANDRAIAH [REFERRED TO]
S I ROOPLAL VS. LT GOVERNOR [REFERRED TO]
BANK OF INDIA VS. O P SWARANKAR [REFERRED TO]
BIMLESH TANWAR VS. STATE OF HARYANA [REFERRED TO]
D R YADAV VS. R K SINGH [REFERRED TO]
PRAFULLA KUMAR DAS VS. STATE OF ORISSA [REFERRED TO]
UNION OF INDIA VS. V RAMAKRISHNAN [REFERRED TO]
HEC VOLUNTARY RETD EMPS WELFARE SOC VS. HEAVY ENGINEEERING CORPORATION LTD [REFERRED TO]
Cited Judgements :-
KH TOMCHOU SINGH VS. STATE OF MANIPUR [LAWS(GAU)-2009-1-29] [REFERRED TO]D.K. CHANDEL & ORS. VS. T.N. NEGI & ORS. [LAWS(HPH)-2011-5-347] [REFERRED TO]
HADAMATSINH NAHARSINH SISODIYA VS. STATE OF GUJARAT [LAWS(GJH)-2013-7-391] [REFERRED TO]
SIDDARAM RAMCHANDRA SHINDE VS. CHIRF ENGINEER [LAWS(BOM)-2008-1-32] [REFERRED TO]
RAMDEV FOOD PRODUCTS PVT LTD VS. ARVINDBHAI RAMBHAI PATEL [LAWS(SC)-2006-8-82] [REFERRED TO]
G P AGRAWAL VS. RAJASTHAN HOUSING BOARD [LAWS(RAJ)-2007-12-12] [REFERRED TO]
SUDHA DEVI WIFE OF NARESH MANDAL VS. PRINCIPAL SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT [LAWS(PAT)-2021-2-32] [REFERRED TO]
RATNA DEY VS. STATE OF TRIPURA [LAWS(TRIP)-2019-9-86] [REFERRED TO]
P BALAKRISHNAN VS. COMMISSIONER PUDUCHERRY MUNICIPALITY [LAWS(MAD)-2011-6-130] [REFERRED TO]
K. SHANMUGANATHAN VS. STATE OF TAMILNADU [LAWS(MAD)-2021-4-90] [REFERRED TO]
DEVSHARAN DILLIWAR VS. HIGH COURT OF CHHATTISGARH [LAWS(CHH)-2011-10-29] [REFERRED TO]
NARBU LAMA VS. KISHORE PRODHAN [LAWS(CAL)-2008-8-66] [REFERRED TO]
RUKONGUTUO VS. STATE OF NAGALAND [LAWS(GAU)-2007-10-42] [REFERRED TO]
GOVERNMENT OF N.C.T. OF DELHI VS. PRITAM DEVI [LAWS(DLH)-2013-1-24] [REFERRED TO]
K.K.BHARDWAJ VS. SECRETARY, MHA [LAWS(DLH)-2013-1-23] [REFERRED TO]
P.N. SHUKLA VS. CHAIRMAN, UTTAR PRADESH, STATE [LAWS(ALL)-2009-9-75] [REFERRED TO]
HEMCHANDRA PANDEY VS. STATE OF M P [LAWS(MPH)-2008-3-47] [REFERRED TO]
BELA BHARDWAJ VS. STATE OF PUNJAB [LAWS(P&H)-2013-4-102] [REFERRED TO]
MD. MANOUWER ALI VS. THE STATE OF MANIPUR [LAWS(MANIP)-2016-9-9] [REFERRED]
J.DELIBARN VS. BAR COUNCIL OF INDIA [LAWS(MAD)-2019-2-310] [REFERRED TO]
RUBU OPO & ANR. VS. STATE OF ARUNACHAL PRADESH & ORS. [LAWS(GAU)-2018-6-155] [REFERRED TO]
R SUBBIAH VS. AIRPORTS AUTHORITY OF INDIA [LAWS(MAD)-2007-11-114] [REFERRED TO]
Banambar Pradhan VS. State of Orissa [LAWS(ORI)-2007-7-79] [REFERRED TO]
MD. RABAB RAZA VS. STATE OF BIHAR [LAWS(PAT)-2022-1-24] [REFERRED TO]
RANJAN KUMAR VS. STATE OF BIHAR [LAWS(SC)-2014-4-110] [REFERRED TO]
MRIGANK JOHRI AND OTHERS VS. UNION OF INDIA AND OTHERS [LAWS(SC)-2017-7-33] [REFERRED TO]
ATTAR SINGH KAUSHIK VS. SECRETARY COMMR TRANSPORT DEPARTMENT [LAWS(SC)-2007-10-55] [REFERRED TO]
S D SHARMA SECRETARY & 9 ORS VS. UNION OF INDIA & 15 ORS [LAWS(GJH)-2016-9-105] [REFERRED]
FOOD CORPORATION OF INDIA VS. KRISHAN KUMAR SODHI [LAWS(DLH)-2010-9-233] [REFERRED TO]
SUNITA CHANDRA (NOW S/S) VS. U O I THRU SECY MINISTRY OF HUMAN RESOURCE DEVELOPMENT & [LAWS(ALL)-2019-4-90] [REFERRED TO]
RAJESH KUMAR VS. STATE OF U.P. [LAWS(ALL)-2017-7-54] [REFERRED TO]
YOGENDRA SINGH INDOLIA VS. STATE OF U.P. [LAWS(ALL)-2020-2-387] [REFERRED TO]
SANDHYARANI SAHOO VS. DISTRICT JUDGE [LAWS(ORI)-2009-1-46] [REFERRED TO]
AJAY KUMAR SHUKLA VS. ARVIND RAI [LAWS(SC)-2021-12-21] [REFERRED TO]
UNION OF INDIA VS. REGISTRAR [LAWS(MAD)-2015-3-670] [REFERRED]
NAND KISHORE GARG VS. PUNJAB NATIONAL BANK AND OTHERS [LAWS(HPH)-2017-9-113] [REFERRED TO]
B. KHADARKUNJU AND ORS. VS. A. SURENDRAN AND ORS. [LAWS(KER)-2014-10-345] [REFERRED TO]
SEEMA SCARIA VS. TAMILNADU PUBLIC SERVICE COMMISSION [LAWS(MAD)-2011-8-398] [REFERRED TO]
SOFIUL ALOM VS. STATE OF ASSAM [LAWS(GAU)-2024-6-13] [REFERRED TO]
STATE OF J&K VS. KHURSHID AHMAD BHAT [LAWS(J&K)-2006-9-13] [REFERRED TO]
VIJAY SOOD AND ORS. VS. CENTRAL UNIVERSITY OF HP, DHARAMSHALA [LAWS(HPH)-2015-12-94] [REFERRED TO]
UNION OF INDIA VS. SHAILJA SAXENA [LAWS(DLH)-2021-3-185] [REFERRED TO]
M NAKRO VS. STATE OF NAGALAND [LAWS(GAU)-2008-7-44] [REFERRED TO]
PUDUSUL LUHO VS. STATE OF NAGALAND [LAWS(GAU)-2011-11-35] [REFERRED TO]
M. HANUMANTHA RAO VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2018-1-54] [REFERRED TO]
RAJESH KUMAR SINGH VS. RAJEEV NAIN UPADHYAY [LAWS(ALL)-2019-12-13] [REFERRED TO]
VINOD SINGH SIROHI VS. STATE OF U. P. [LAWS(ALL)-2021-12-195] [REFERRED TO]
SUVRA SAHA (BHOWMIK) VS. STATE OF TRIPURA [LAWS(TRIP)-2019-9-83] [REFERRED TO]
RAJESH PAL AND ORS. VS. BHAWANI SINGH RATHORE AND ORS. [LAWS(RAJ)-2015-11-33] [REFERRED TO]
G.VIJAYAKUMAR VS. DIRECTOR GENERAL [LAWS(MAD)-2019-2-391] [REFERRED TO]
RUBU OPO VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2019-3-123] [REFERRED TO]
VIRENDRA KUMAR PRASAD VS. STATE OF JHARKHAND [LAWS(JHAR)-2018-12-130] [REFERRED TO]
Hongkong and Shanghai Banking Corporation Ltd., through authorized representative, Mr. Manoj Puroshottam Paradkar VS. Lisa Apparels Pvt. Ltd., r/by its Managing Director Mr. R. Subrahmanyam Iyer, Mr. R. Subrahmanyam Iyer S/o V. Ragavan Iyer and [LAWS(KAR)-2010-7-62] [REFERRED TO]
SITARAM BAGHELE VS. STATE OF M.P. [LAWS(MPH)-2013-7-189] [REFERRED TO]
MANAS LODH VS. STATE OF TRIPURA [LAWS(TRIP)-2019-9-85] [REFERRED TO]
RAM PRAKASH SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2020-2-103] [REFERRED TO]
SATISH KUMAR VS. STATE OF HARYANA [LAWS(P&H)-2020-1-132] [REFERRED TO]
DEEPAK KUMAR AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2019-7-180] [REFERRED TO]
Harinder Pal Chauhan VS. State of H.P. [LAWS(HPH)-2008-6-40] [REFERRED TO]
SURENDRA BAHADUR SINGH VS. STATE OF U.P. AND ORS. [LAWS(ALL)-2015-5-199] [REFERRED TO]
UNION OF INDIA (UOI) AND ANR. VS. PANKAJ AGNIHOTRI [LAWS(DLH)-2010-7-460] [REFERRED TO]
NITIN PANDURANG SHEJWAL A VS. STATE OF MAHARASHTRA [LAWS(BOM)-2023-1-72] [REFERRED TO]
FINESON POJAR VS. STATE OF NAGALAND [LAWS(GAU)-2011-10-23] [REFERRED TO]
NARAYAN JHA, SON OF LATE BILAT JHA VS. LALIT NARAYAN MITHILA UNIVERSITY DARBHANGA [LAWS(PAT)-2015-1-174] [REFERRED TO]
BALVEER SINGH BISHT VS. STATE OF UTTARAKHAND [LAWS(UTN)-2019-5-76] [REFERRED TO]
POONAM VS. STATE OF U.P. AND ORS. [LAWS(SC)-2015-10-65] [REFERRED TO]
ARCHANA KANUNGO VS. STATE OF ODISHA [LAWS(ORI)-2024-3-134] [REFERRED TO]
LONGJAM SUBHASCHANDRA SINGH VS. STATE OF MANIPUR [LAWS(MANIP)-2024-4-1] [REFERRED TO]
M P DWIVEDI VS. M P VIDHAN SABHA SECRETARIATE BHOPAL [LAWS(MPH)-2008-1-49] [REFERRED TO]
G. NAGABHUSHANA AND OTHERS VS. STATE OF KARNATAKA AND ANOTHER [LAWS(KAR)-2016-7-38] [REFERRED TO]
SANIT DEBROY VS. STATE OF TRIPURA [LAWS(TRIP)-2019-8-63] [REFERRED TO]
SUTAPA DAS VS. STATE OF TRIPURA [LAWS(TRIP)-2019-9-84] [REFERRED TO]
VIJAY KUMAR KAUL VS. UNION OF INDIA [LAWS(SC)-2012-5-54] [REFERRED TO]
JAI NARAIN PARASURAMPURIA VS. PUSHPA DEVI SARAF [LAWS(SC)-2006-8-104] [RELIED ON]
SHRI RUBU OPO AND OTHERS VS. THE STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2018-6-126] [REFERRED TO]
JUDGEMENT
S.B.SINHA, J. -
(1.)THESE appeals arising out of a judgment and order of the Allahabad High Court dated 4.4.2003 were taken up for hearing together and are being disposed of by this common judgment.
(2.)THE respondent no.2- Mani Kant Gupta, respondent no.3-Virendra Kumar Tyagi and respondent no.4-Sukhpal Singh and the intervener herein (now respondent no.6-Vijay Kumar) were appointed in U.P. Jal Nigam on 5.2.1979. 12.12.1978, 16.11.1978 and 15.11.1977 respectively. Several town planning authorities including Ghaziabad Development Authority were created by Uttar Pradesh Urban Planning and Development Act, 1973 ('the Act', for short) with a view to provide for development of certain areas of State of Uttar Pradesh according to the plans and for other matters incidental thereto. Section 4 of the Act empowers the State Government to issue a notification constituting a development authority for any development area. In exercise of the said power, the State of U.P. constituted various development authorities, including the Ghaziabad Development Authority. By reason of U.P. Act No.21 of 1985, the State of U.P. inserted Section 5-A in the said Act to create centralized services of all the development authorities, sub-sections 1 and 2 whereof read as under:
"5-A (1) Notwithstanding anything to the contrary contained in Section 5 or in any other law for the time being in force, the State Government may at any time, by notification, create one or more''Development Authorities Centralized Services' for such posts, other than the posts mentioned in sub-section (4) of Section 59, as the State Government may deem fit, common to all the development authorities, and may prescribe the manner and conditions of recruitment to, and the terms and conditions of service of persons appointed to such service.
(2) Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralised) Services Rules, 1966, or serving on deputation, shall, unless he opts otherwise, be absorbed in such service,
(a) finally, if he was already confirmed in his post, and (b) provisionally, if he was holding temporary or officiating appointment."
The said provision came into force with retrospective effect from 22.10.84.
Uttar Pradesh Development Authority Centralised Services Rules were notified by the Government of Uttar Pradesh on 25th June, 1985 (the '1985 Rules', for short), some of the relevant provisions whereof would be noticed by us hereinafter.
(3.)THE respondent nos.2, 3; 4 and 6 (the intervener) were deputed to Ghaziabad Development Authority on diverse dates, i.e., 26.6.1986, 6.5.1989, 16.10.1985 and 1.4.1984 respectively.
U.P. Jal Nigam, admittedly, is not and has never been a development authority. The employees on deputation to the development authorities from U.P. Jal Nigam, therefore, could not have been absorbed in the centralized services in terms of sub-section (2) of Section 5-A of the Act. Options were, however, called for from the officers of U.P. Jal Nigam on deputation on various dates by the State of U.P.
(2.)THE respondent no.2- Mani Kant Gupta, respondent no.3-Virendra Kumar Tyagi and respondent no.4-Sukhpal Singh and the intervener herein (now respondent no.6-Vijay Kumar) were appointed in U.P. Jal Nigam on 5.2.1979. 12.12.1978, 16.11.1978 and 15.11.1977 respectively. Several town planning authorities including Ghaziabad Development Authority were created by Uttar Pradesh Urban Planning and Development Act, 1973 ('the Act', for short) with a view to provide for development of certain areas of State of Uttar Pradesh according to the plans and for other matters incidental thereto. Section 4 of the Act empowers the State Government to issue a notification constituting a development authority for any development area. In exercise of the said power, the State of U.P. constituted various development authorities, including the Ghaziabad Development Authority. By reason of U.P. Act No.21 of 1985, the State of U.P. inserted Section 5-A in the said Act to create centralized services of all the development authorities, sub-sections 1 and 2 whereof read as under:
"5-A (1) Notwithstanding anything to the contrary contained in Section 5 or in any other law for the time being in force, the State Government may at any time, by notification, create one or more''Development Authorities Centralized Services' for such posts, other than the posts mentioned in sub-section (4) of Section 59, as the State Government may deem fit, common to all the development authorities, and may prescribe the manner and conditions of recruitment to, and the terms and conditions of service of persons appointed to such service.
(2) Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralised) Services Rules, 1966, or serving on deputation, shall, unless he opts otherwise, be absorbed in such service,
(a) finally, if he was already confirmed in his post, and (b) provisionally, if he was holding temporary or officiating appointment."
The said provision came into force with retrospective effect from 22.10.84.
Uttar Pradesh Development Authority Centralised Services Rules were notified by the Government of Uttar Pradesh on 25th June, 1985 (the '1985 Rules', for short), some of the relevant provisions whereof would be noticed by us hereinafter.
(3.)THE respondent nos.2, 3; 4 and 6 (the intervener) were deputed to Ghaziabad Development Authority on diverse dates, i.e., 26.6.1986, 6.5.1989, 16.10.1985 and 1.4.1984 respectively.
U.P. Jal Nigam, admittedly, is not and has never been a development authority. The employees on deputation to the development authorities from U.P. Jal Nigam, therefore, could not have been absorbed in the centralized services in terms of sub-section (2) of Section 5-A of the Act. Options were, however, called for from the officers of U.P. Jal Nigam on deputation on various dates by the State of U.P.
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