JUDGEMENT
SHABIHUL HASNAIN, J. -
(1.) THIS is a bunch of seventy seven writ petitions. The binding thread running
through all these writ petitions, is the
subject matter of repatriation of the
petitioners from the borrowing department/
Agency. All the petitioners are at present
working in the State Urban Development
Agency (hereinafter called as 'SUDA').
Orders have been passed by SUDA
directing the petitioners to return to their
parent department. In one form or the
other, all the petitioners have challenged
the orders of their repatriation from
SUDA. Before venturing into the merits of
the case and the claim of the petitioners, it
will be necessary to know what SUDA
actually stands for.
(2.) IT has been informed that SUDA is an agency/ autonomous body, registered
under the Societies Registration Act, 1960.
It has temporary establishment in the State
till the scheme lasts. SUDA is being run
with the temporary grant, sanction of
which are given on year to year basis from
the Government of U.P. The administrative
expenditure is meted out from the grant by
the Government of India/ State
Government for the schemes related to the
upliftment of the weaker section of urban
areas. SUDA has no permanent
establishment, it is an autonomous body
and the powers vest in the governing body
of the Society, and dependent upon the
financial sanction by the State,
Government. Temporary staff on
deputation basis or on contract basis, are
being deputed in SUDA.
As has been indicated above, all the petitioners have challenged their
repatriation from SUDA to their parent
department. Since common question of
law and facts are involved, it will be proper
that all the writ petitions may be decided
by a common order.
(3.) THE petitioners have come to SUDA from various Departments/
Corporation/ Govt. Companies and other
instrumentalities of the State. The
petitioners, who are working in SUDA can
be classified in various categories but for
purposes of these petitions, they can be
classified mainly in two groups. The first
category consists of such employees,
whose parent department are still existing
and functioning; the second category
consists of those employees, whose parent
department have either become sick or are
not existing today.;
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