H.B. BHATT AND OTHERS Vs. UTTARANCHAL PAYJAL SANSADHAN VIKAS EVAM NIRMAN NIGAM & OTHERS
LAWS(UTN)-2012-5-63
HIGH COURT OF UTTARAKHAND
Decided on May 02,2012

H.B. Bhatt And Others Appellant
VERSUS
Uttaranchal Payjal Sansadhan Vikas Evam Nirman Nigam And Others Respondents

JUDGEMENT

Barin Ghosh, J. - (1.) IN paragraphs 4, 5, 6, 7 and 8 of the writ petition, petitioners have alleged, how they became the employees of Uttar Pradesh Jal Nigam. It has been stated that on 18th June 1975, U.P. Water Supply and Sewerage Act, 1975, came into existence and, in terms of Section 3 thereof, U.P. Jal Nigam was established. It was stated that, in view of Section 37 of the Act, petitioners became employees of the said Jal Nigam. In paragraph 12 of the writ petition it has been stated that the petitioners have retired from U.P. Jal Nigam. Having had said so in paragraph 14 of the petition, it has been stated that the State of Uttaranchal has given certain benefits pertaining to merger of dearness allowance, which has not been given to the petitioners. In paragraph 16 of the petition it has been stated that all the petitioners retired prior to creation of Uttaranchal Payjal Sansadhan Vikas Evam Nirman Nigam. The fact remains that, Uttaranchal Payjal Sansadhan Vikas Evam Nirman Nigam was created after creation of the State of Uttarakhand and, accordingly, in relation thereto, no provision of U.P. Reorganization Act, 2000, had any application. Despite knowledge of the said fact and, despite knowledge of the fact that, the benefit of dearness allowance given by the State of Uttaranchal can be extended only to those employees, who were part and parcel of the State of Uttarakhand or became part and parcel of the State of Uttarakhand or were associated with any Local Authority under the control of the State of Uttarakhand, petitioners have put forward the claim in the writ petition. Admittedly, and of their own showing, the petitioners were neither employees of the State of Uttarakhand, after its creation at any point of time, nor were employees of a Local Authority under the control of the State of Uttarakhand, after its creation. Admittedly, as stated in the paragraph 16 of the writ petition, all the petitioners retired from U.P. Jal Nigam much prior to the date of creation of Uttaranchal Payjal Sansadhan Vikas Evam Nirman Nigam. We, accordingly, dismiss this writ petition. In the event, petitioners are otherwise entitled to something from U.P. Jal Nigam or from the Government of the State of Uttar Pradesh, it shall be open to the petitioners to approach the Court / Tribunal having jurisdiction over such disputes. The writ petition, with the observation as above, is dismissed.;


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