Decided on May 28,2006

State Of U. P Respondents


- (1.)These appeals arising out of a judgment and order of the Allahabad High Court dated 4.04.2003 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 5.02.1979, 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 Sec. 5-A in the said Act to create centralized services of all the development authorities, sub-Ss. 1 and 2 whereof read as under:
"5-A (1) Notwithstanding anything to the contrary contained in Sec. 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-sec. (4) of Sec. 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."

(3.)The said provision came into force with retrospective effect from 22.10.84.

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