Decided on December 17,2012

Abdul Salam Khan and Ors. Appellant
State of Uttarakhand And Ors. Respondents


Kalyan Jyoti Sengupta, J. - (1.) THIS petition was filed initially for the following reliefs: - Issue a writ, order or direction in the nature of certiorari, quashing the decision of the Finance Department regarding refusal to give consent to computation of first service rendered in the Corporation for the benefit of time scale which is referred in para 3 of the communication letter dated 04.09.2006, and other reliefs are in consequential in nature.
(2.) THEREAFTER the writ petition was amended incorporating a prayer to challenge a writ and order by declaring the Uttarakhand Rajya Sampati Vibhag Vahan Chalak Samviliyan (as amended Rules 2007) as ultra vires to the Constitution of India so far as it relates to Rule 6(8) is concerned. The factual backgrounds, as it is found from the writ petition as well as from both the affidavits, are as follows: - - The petitioners were initially employed at their parent Department, namely, Uttar Pradesh Roadways Transport Corporation on regular post. The respective dates of employment of each of the petitioners are given in paragraph 2 to the writ petition, in a tabular form and they perform their duties in the said establishment. On 09.11.2000 after bifurcation of the State of Uttar Pradesh and consequent upon the creation of State of Uttarakhand, on 19.01.2002 the said Officer of the Estate Department of this Government issued a letter for absorption of the petitioners. The petitioners have accepted the offer of absorption as contained in letter dated 19.01.2002 with a mild protest with regard to condition No. 3 mentioned in the said letter. Thereafter by letter dated 23.01.2002, the said letter of offer was modified to some extent. The petitioners joined in the Estate Department and thereafter, they were deployed in the Estate Department. After joining on 09.07.2002, the Absorption Rules were framed by a notification and the said Rules known as "Uttaranchal State Estate Department Vehicle Driver Absorption Rules, 2002". Thereafter tentative seniority list was prepared by order dated 13.09.2006 wherein objections were invited from all drivers posted by 10.08.2006. Under the terms and conditions of the Absorption Rules, the petitioners were supposed to be placed below those persons, who were initially working in the Estate Department notwithstanding the petitioners' original appointment in the parent Department was earlier in point of time. Therefore, the petitioners raised objections, and objections were overruled and hence the writ petition was filed.
(3.) IN the counter affidavit, it has been stated that immediately after bifurcation, the petitioners were attached to the Estate Department. This was spelt out first time in the letter dated 19.01.2002 followed by 23.01.2002. Thereafter the Rules were prepared in the year 2002 and then amended in 2007. It is said that the writ petitioners, in terms of the Rule 10 of the Absorption Rules, had given undertaking to abide by the Rules to accept the provision provided in their service condition.;

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