Rakesh Tiwari - (1.) -Heard the learned counsel for the parties and perused the records.
(2.) BY means of this writ petition, the petitioner has challenged the validity and correctness of the impugned order dated 21.1.1988, passed by respondent No. 1, Annexure-6 to the writ petition. Initially the petitioner was appointed as Assistant Accountant on 4th December, 1972 in Maheshwari Khetan Sugar Mills (P.) Ltd., Ramkola, district Deoria. He performed his duties in the said Mill as Assistant Accountant till 26.2.1979. In pursuance of an advertisement for the post of Chief Accountant in R. B. Laxman Das Sugar and General Mills (P.) Ltd., Jarwal Road, district Bahraich, the petitioner applied for the same in the year 1979. He appeared in the interview and was appointed as Chief Accountant vide appointment letter dated 27.2.1979 in the scale of Rs. 455-20-555-25-880-25-955 on probation for the period of six months by the then Receiver of R. B. Laxman Das Sugar and General Mills (P.) Ltd. In the meantime, the State Government in exercise of powers under the provisions of Uttar Pradesh Sugar Undertakings (Acquisition) Act, 1971, acquired R. B. Laxman Das Sugar and General Mills (P.) Ltd. (hereinafter called as the undertaking) on 10th May, 1979.
(3.) IT is submitted that after acquisition of the Mill, the entire mill is being managed under the control and administration by the State Government under Section 16 of the U. P. Sugar Undertakings (Acquisition) Act, 1971 and every employee who was employed in connection with the scheduled undertaking immediately before the appointed day, shall become an employee of the Corporation and shall hold the same post. It is further submitted that the petitioner was appointed as Chief Accountant on 27th February, 1979 by R. B. Laxman Das Sugar and General Mills (P.) Ltd. and as such at the time of taking over of the undertaking in May, 1979, by the U. P. State Sugar Corporation Ltd., his services could be transferred on the same post.;