M.KATJU, J. - (1.) THIS writ petition has been filed against the impugned order dated 6.4,1998 Annexure -1 to the writ petition passed by the State Government respondent No. 1. By that order the petitioner's absorption on the post of Assistant Project Engineer in New Okhala Industrial Development Authority (hereinafter referred to as N.O.I.D.A.) has been cancelled.
(2.) PRIOR to 2.7.1994 the petitioner was functioning as Assistant Project Engineer in the Rural Engineering Service of the State of U, P. By means of order dated 2.7.1994 the petitioner was appointed as Assistant Project Engineer on deputation in N.O.I.D.A. by the State Government. This appointment of the petitioner on deputation was made under the New Okhala Development Authority Service Regulations 1981. Regulation 16 of the said Regulations states : 'Sources of Recruitment 16 (I): Recruitment to any post under the Authority may be made from any of the sources : (a) by direct recruitment ; (b) by promotion from amongst the employees occupying posts carrying lower scale through a departmental test or an Interview or selection or in any other manner specified by the Authority ; (c) by deputation or re -employment or on contractual basis ; (d) from any other source as approved by the Authority. (2) (i) Sixty six per cent of Group 'A' posts shall be filled in by direct recruitment and the remaining thirty four per cent posts shall be filled in by promotion from amongst the employees upon the basis of seniority subject to the rejection of the unfit and fulfilment of the requisite qualifications and also subject to the condition of the particular employee having worked for at least a period of two years on a post carrying scale of pay next below. If at any time it is found that sufficient number or employees are not available for filling in the percentage prescribed for promotion such posts may be filled in by direct recruitment. (ii) Various posts falling under Group 'B' will be filled in such a way as to ensure that fifty per cent of the posts are filled in by promotion from amongst the employees and such promotion shall be made on the basis of seniority subject to the rejection of the unfit and fulfilment of the requisite qualifications and also subject to the condition of the particular employee having worked on a post carrying the scale of pay next below for a period of at least two years ;' A perusal of Regulation 16 shows that Regulation 16 (1) (c) permits appointment on deputation in NOIDA and the petitioner was appointed by State Government under that provision.
(3.) THEREAFTER the petitioner moved an application dated 17.9.1994 for permanent absorption in NOIDA and this application was recommended by the respondent No. 2 the Chief Executive Officer, NOIDA by his order dated 14.12.1994. This recommendation was followed by reminder of the respondent No. 2 dated 14.9.1995 in which it was specifically mentioned that there are 40 posts of Assistant Project Engineers in NOIDA out of which eight posts are lying vacant and on one of these posts the petitioner can be absorbed suitably. Reference to this recommendation has been made in para 9 of the writ petition.;