- (1.) Heard Sri Naveen K. Sinha, learned counsel for the petitioner and Sri Shafiq Mirza for the opposite party No.s 4 and 5 while learned Standing counsel appears for the State.
(2.) Petitioner was working on the post of Senior Assistant/Office Superintendent, Class III post in Lucknow Mandaliya Vikas Nigam Limited, Lucknow in the pay scale of Rs.1400-2600/-. He was retrenched on account of closure of aforesaid 'corporation' vide G.O. Dated 7.11.1992. In this order it was stated that retrenched employee of Nigam will be governed by same rules as of that of G.O. governing Horticulture and Chalchitra Nigam employees. In these G.O.s it was clearly stated that last pay drawn of the retrenched employee will be protected.
(3.) Petitioner through Mandaliya Vikas Nigam Karmchari Sangh, Lucknow filed a writ petition No.7497 (S/B) of 1992 for absorption of the retrenched employee on suitable alternative post or vacancies. In this writ petition High Court passed order dated 16.12.1992 directing the opposite parties to absorb the petitioner on suitable alternative post of some other government department or State Corporation. This order is annexed as Annexure No.3. In pursuance of this order, State Government vide order dated 17.7.1993 created four posts of Office Superintendent in pay scale of Rs.1400-2600/- and five posts of Peshkar in the pay scale of Rs.1350-2200/- in State Public Services Tribunal. Government vide this letter provided that these posts shall not be filled up by direct recruitment but only by surplus staff of Government. Petitioner preferred an application to the Joint Secretary, Area Development, U.P. Government, Lucknow for absorption of his services on such vacant posts of office superintendent/Peshkar. On receiving application of petitioner the State Government vide its letter dated 21.8.1993 forwarded it to the Chairman, U.P. State Public Services Tribunal that in case post of Office Superintendent is vacant the case of petitioner can be considered by Tribunal for his absorption. Tribunal received this application on 23.8.1993. After considering it the petitioner was appointed on 10.9.1993 on the post of Senior Clerk a Class III post in the pay scale of Rs.1200-2040/- instead of Office Superintendent/Peskhkar. On 6.8.1994 the State Government created one post of Office Superintendent for Tribunal with condition that retrenched employee shall be given priority in appointment on the basis of their qualification and suitability. But this post was filled up by way of promotion of an employee working in Tribunal.;