- (1.) SINCE the facts of these three petitions are interwoven, with the consent of learned counsel for the parties, all the three petitions are being decided by a common judgement and order. Heard Sri Vivek Raj Singh, learned counsel for the petitioners, Sri Zafaryab Jilani, learned Additional Advocate General assisted by Sri Badrul Hasan, the Standing Counsel for the State -respondents, Sri A.M.Tripathi, learned counsel for U.P. Education for All Project Council and Sri Sanjay Bhasin, learned counsel for UPTRON India Limited/U.P. Electronics Corporation Limited.
(2.) THE facts of the case as deduced from the pleadings of respective parties available on record are as under: Both the petitioners, namely, Brahma Nand Lavaniya and Sharad Mehrotra are surplus employees of M/s UPTRON India Limited and are aggrieved by their non -absorption in the Basic Education Department in terms of the provisions contained in Uttar Pradesh Absorption of Surplus Employees of UPTRON India Limited in Government Service Rules, 2011 (hereinafter referred to as 'Absorption Rules, 2011') notified on 20.12.2011 and the Government Order dated 20.12.2011.
(3.) SRI Brahma Nand Lavaniya was initially appointed under the services of UPTRON India Limited on the post of Dispatch Assistant by means of an order dated 13.07.1982. Similarly, Sri Sharad Mehrotra was appointed as Assistant under the services of UPTRON India Limited/U.P. Electronic Corporation Limited by means of order dated 07.07.1979. After successfully functioning as a commercial venture for a considerable long period in the business of production of television sets and other electronic items, UPTRON India Limited became sick and ultimately the said successful venture of the State of U.P. was closed down.;