DEVI PRASAD SINGH,J. - (1.) INSTANT writ petition under Article 226 of the Constitution of India, has been preferred against the judgment and order dated 29.3.2012, passed by the U.P. State Public Services Tribunal, Lucknow in Claim Petition No.222 of 2010 (Jai Prakash Gupta. Vs. The State of U.P. and others). The Tribunal allowed the claim petition and directed the petitioners to consider the case of the claimant respondents for grant of scale of S.I. (M)/Steno equivalent to Assistant Programmer and pass order accordingly. The Tribunal also directed to count the services of the claimant respondents rendered by them in Uptron India Limited, for pensionary and other retiral benefits in pursuance of the provisions contained in Rule 19 (3) of the U.P. Police Computer Staff (Non -Gazetted) Service Rules, 2002 (in short Rules).
(2.) WHILE preferring the claim petition before the Tribunal, the claimant respondent preyed for following relief, to reproduce from claim petition: - "8. RELIEF SOUGHT: Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to: - (i)Issue a Claim, order or direction, commanding the opposite parties to consider the case of the petitioner for post of Assistant Programmer. (ii)Issue a Claim, order or direction, commanding the opposite party no.3 to consider the period of service rendered by the petitioner in Uptron India Ltd. while calculating the service in the Police Department. (iii)Issue a Claim, order or direction, commanding the opposite parties to pay to the petitioner salary of the post of Assistant Programmer on the basis of equal pay for equal work. (iv)To award the cost of the petition. (v)To issue such order direction as the Hon'ble Court deems fit and proper in the circumstances of the case." The claimant respondent, a graduate having undergone ITI Training, was appointed as Technician -A, by the order dated 26.12.1988 in the pay scale of Rs.950 -1550 in accordance with Rules in Uptron India Limited. In view of satisfactory service record, he was promoted to the post of Technician -B from 7.10.1993 in terms of recommendation of 4th Pay Commission (Annexure No.2 to the claim petition). The claimant respondent had undergone Training in Computer in the year 1997.
(3.) THE Uptron India Limited was running in loss. In consequence thereof, it was declared a sick industry and referred to Board of Industrial and Finance Reconsideration (in short BIFR) in the year 1993. The IFCI was appointed as operating agency. The financial condition of the Company further deteriorated over the years so much so that payment of salary to its employees became difficult. The production of Uptron India Limited closed since 1998. The matter is still pending with BIFR. As such, by the Government order dated 26.11.2002 it has recommended for complete closure of Uptron India Limited and sent to BIFR. Winding up petition was also filed which is pending.;