- (1.) Suresh Chand Arora has approached this Court for following relief. " (a) a writ, order or direction in the nature of certiorari quashing the order dated 01.05.2015 issued by the Additional Chief Executive Officer, New Okhla Industrial Development Authority, Gautam Budh Nagar (Annexure No. 29); (b) a writ, order or direction in the nature restraining the respondents from taking any action in pursuance to the order impugned. (c) any other writ, order or direction as this Hon'ble Court may deem fit and proper in the circumstances of the case;"
(2.) Brief background of the case is that under the U.P. Industrial Area Development Act, 1976, for development of certain areas in the State into industrial and urban township and for matters concerned therewith State Government has by way of notification constituted an Authority known as New Okhla Industrial Development Authority constituted under the provision as contained in Section 3 of the 1976 Act. Section 4 of the 1976 Act provides for appointment of Chief Executive Officer by the State Government as a whole time officer of the Authority. Section 5 of 1976 Act deals with, staff of the Authority, and Sub-Section (i) of Section 5 authorises the Authority to appoint such number of employees, officers, as may be necessary for the performance of functions and to determine their grade and designations, subject to control/restrictions to be general/special orders of State Government. Sub-Section (2) of Section 5 provides that officers and other employees shall be entitled to receive salaries and allowances from the funds of Authority and shall be governed by such other conditions of service as may be agreed upon by the Authority. Section 12 of 1976 Act, incorporates certain provisions of U.P. Urban Planning and Development Act 1973, such as the provisions of Chapter VII and Sections 30, 32, 40, 41, 42, 43, 44, 45, 46, 47, 49, 50, 51, 53 and 58. Section 18, authorises the State Government to frame Rules for carrying out the purpose of the Act. Section 19 authorises the Authority to make Regulations with previous approval of the State Government. Under Section 19 of U.P. Industrial Area Development Act, 1976, New Okhla Industrial Development Authority, has framed service regulation namely NOIDA Service Regulation 1991.
(3.) The question of seniority placement of the respondents nos. 4 and 5 has been the subject matter of litigation; and several orders one after another have also been passed by the authorities concerned, the last one being in the shape of seniority list dated 09.05.2014 issued by Authority, and same has also been subjected to challenge before this Court in Civil Misc. Writ Petition No. 26922 of 2014, and pursuant to directives issued by this Court on earlier occasion once again seniority inter se parties has been determined leading to filing of present petition in view of the chequered history, the relevant facts and events, required to decide the issue are being taken note of as follows : On 26.12.1979, the petitioner was appointed as Junior Engineer in the Authority; and on 21.08.1989, he was promoted to the post of Assistant Project Engineer. Thereafter, on 29.01.2002, the petitioner was promoted to the post of Project Engineer.;