- (1.) THIS appeal questions the correctness of the view taken by the learned Single Judge in Writ Petition No. 8133 (S/S) of 2009 dated 18.12.2012 whereby the respondents no. 1 to 17, who are employees of the Animal Husbandry Department, have been extended the benefit of protection of their salary as last drawn by them in the erstwhile department, with a further direction to compute the services rendered by the respondents in the U.P. Poultry and Live Stock Specialities Ltd., Lucknow (in short 'UPLIS') for the purpose of their pensionary benefits and fixation of salary awarding them pay protection as observed in the judgment.
(2.) THE appeal has been filed by the State of U.P. and we have heard Sri Sandeep Dixit, learned counsel for the appellants, and Ms. Madhumita Bose for the respondents no. 1 to 17. The respondents are admittedly 17 out of 29 employees of the erstwhile UPLIS, a company registered under the Companies Act, 1956 incorporated in the year 1974 wholly owned by the State Government. It is thus a company registered in terms of Section 21 of the Companies Act, 1956 about which there is no dispute.
(3.) THE State Government took a decision on 29.11.2004 to close the said company. The Government Order issued to that effect is extracted herein under: - ;