- (1.) HEARD learned Counsel for parties and perused the records.
(2.) THIS writ petition has been filed to question the validity of an order dated 13.11.2009 passed by respondent No. 3 (Managing Director, U.P. Electronics Corporation Ltd.), whereby petitioner has been relieved from service w.e.f. 13.11.2009, said to be as a result of acceptance of application for voluntary retirement submitted way back on 11.02.2004 and the decision in respect thereof was communicated to petitioner only on 14.12.2007 (However, petitioner has denied to have accepted any such communication). Petitioner was initially appointed as Assistant Engineer in UPTRON Digital System Ltd. (for short 'the UDSL') which is a subsidiary of the U.P. Electronics Corporation Limited (for short 'the UPECL'), which is a State Government undertaking in the pay scale of Rs. 550 -1100 vide the order dated 30.04.1984. The appointment letter contained an stipulation that the services of petitioner were liable to be transferred temporarily or permanently to any place in India, or to another/other company or corporation associated with the UDSL at the discretion of management. It is also relevant to mention that the services of employee under the UPECL are governed by U.P. Electronics Corporation Ltd. Service Rules (for short 'the Service Rules') and thus the same was also to apply in the case of employees of its subsidiary companies as well.
(3.) FURTHER as per Rule 3(b) of the said service rules, persons on deputation or transfer can also be absorbed in regular service of the Corporation on such terms and conditions as may be offered by the management. In case deputationist officers do not find the terms acceptable, they may be reverted to their parents department. In the present case, services of petitioner were transferred from UPTRON India Ltd. to the UPECL where he was finally absorbed on requisite consent having been given by the managements of both companies. Further vide Rule 13 of the Service Rules, in case of permanent transfer to any other Corporation or Company, the terms and conditions of service as applicable to similar categories of employees under the orders of Corporation are to apply subject to the condition that such terms and conditions as may be applicable shall not be less favourable to the transferee officer than what were being applicable in the service of parent company.;