SURENDRA KUMAR SRI HARGOVIND SINGH Vs. STATE OF U P
LAWS(ALL)-2005-9-4
HIGH COURT OF ALLAHABAD
Decided on September 28,2005

SURENDRA KUMAR HARGOVIND SINGH Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Tarun Agarwala, J. - (1.) On 29.01.1991, the State Government created Greater Noida Industrial Development Authority. In furtherance of its objects, the Authority appointed a large number of persons on a contract basis on account of fact that the State Government did not create or sanctioned the post. Subsequently, Greater Noida Industrial Development Authority Service Regulation 1993- were framed which gave the Authority the power to appoint employees on a contract basis. Based on this, a large number of persons were appointed on a contract basis for 89 days. The petitioner was also appointed as an Assistant Manager on 23.11.1994 on a contract basis. The appointment letter stipulated that the appointment is only for 89 days on a fixed pay which would come to an end on the expiry of the period and that, the appointment- could be extended from time to time if there was a requirement of work and that the appointment was purely temporary in nature and that no claim of security or for the regularisation in the authority could be claimed by the employee.
(2.) It transpires that after the creation of Greater Noida Authority, the State Government sanctioned 154 posts. On 11.4.2001, the State Government sanctioned another 126 posts which was to be filled up by way of promotion or on a contract basis from those persons who were surplus in other departments of Greater Noida Authority and, if there were no surplus employees, in that event, by direct recruitment on a contract basis.
(3.) Based on the aforesaid, a note was put up by the Incharge Officer (Personal) proposing to give a contract for 3 years instead of 89 days. By a letter dated 4.7.2002, the Deputy Chief Executive Officer wrote to the. State Government intimating that 27 persons on contract basis remained in the Authority and sought permission to regularise their services in view of the vacancies existing in the Authority. While this matter was pending before the State Government, the Authority issued an advertisement, inviting applications for various posts, including 5 posts of Assistant Manager. Consequently,. the petitioner filed the present writ petition for the quashing of the advertisement dated 20.11.2002 in so far as it related to the recruitment on the post of Assistant Manager and further prayed that the authority be directed to regularise his services on the post of an Assistant Manager.;


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