- (1.) Leave granted.
(2.) We have heard counsel on both sides.
(3.) The respondent-Association filed writ petition No.3273/82 in the High Court of Allahabad, Lucknow Bench seeking to declare Rule 8(ii) of the U.P. State Roadways Organisation (Abolition of Posts and Absorption of Employees) Rules, 1982 made in exercise of the power under Art. 309 of the Constitution (for short, the 'Rules'), as ultra vires and also for issue of a mandamus restraining the appellants from changing their status of Government servants as the Corporation employees. The Division Bench in the impugned order held as under: "In view of what has been stated above, Part or Rule 8 is valid and the absorption rules of the employees are perfectly valid. The writ petition to the above extent deserves to be dismissed and regarding pensionary benefits it is allowed. A direction is issued to the opposite parties to opt those options who were sent on deputation vide G.O. dated 7-6-1972 as amended by G.O. dated 5-7-1972 to the Corporation notwithstanding the fact that they have not attained the age of superannuation and on the date of absorption they will still continue in service, they will be entitled to all pensionary benefits and for that purpose they will be treated in Government service. But for the above relief, the writ petitions are hereby dismissed and interim order, if any stands discharged. However, there will be no order as to costs." ;