SUSHEEL KUMAR SHUKLA AND ORS. Vs. STATE OF U.P. AND ORS.
LAWS(ALL)-2014-9-319
HIGH COURT OF ALLAHABAD
Decided on September 17,2014

Susheel Kumar Shukla And Ors. Appellant
VERSUS
State of U.P. and Ors. Respondents

JUDGEMENT

- (1.) The petitioners are three in number and are assailing the notice dated 01.11.2013, retiring the petitioners w.e.f. 30.04.2014, the order dated 05.03.2014 rejecting the representation of the petitioners and further seeking a direction not to retire the petitioners at the age of 58 years.
(2.) The petitioners were selected on the post of Computer (Sangadak) by the respondent no. 4, Secretary/Commissioner, Board of Revenue, U.P. Lucknow on temporary basis and their services could be terminated without prior notice. The petitioner no. 1 was appointed on 26.08.1982, petitioners no. 2 and 3 were appointed on 05.11.1991. The Department of Rural Development, Govt. of U.P. vide office order dated 05.02.1986 transferred the petitioners alongwith ten other persons against the newly created post of Statistical Assistant in Department of Rural Development Agency (DRDA) in the districts mentioned against their names. The order provided that the persons could be repatriated to their original post and no deputation allowance is payable. Pursuant to the order dated 05.02.1986, Secretary, Board of Revenue, relieved the petitioners but clearly stated that their lien will not be maintained by the Board.
(3.) The submission of learned counsel for the petitioners is that the petitioners' lien is with the Board of Revenue and they were never absorbed in the service of DRDA, hence they cannot be treated to be employees of respondent no. 6 (DRDA) thus, are employees of the Board, therefore, cannot be retired at the age of 58 years, hence are entitled to continue until 60 years.;


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