Decided on April 02,1965

R.P.NIGAM Respondents


Jagdish Sahai, J. - (1.)THIS application by the General Manager, Kanpur Electricity Supply Administration has been filed under Articles 132 (1), 133 (1) (a), (b) and (c) of the Constitution of India.
(2.)ON 16th of September 1947 when the Government of Uttar Pradesh purchased the undertaking of the Kanpur Electric Supply Corporation Limited, the respondent, Sri R.P. Nigam was already in the service of the Corporation as an Assistant Accountant getting a salary of Rs. 550 per month. ON 17th of November 1953 an agreement deed was signed on behalf of the Governor as one party and by Sri Nigam, the respondent, the other party. This agreement it is said governed the conditions of service of Sri Nigam. The services of Sri Nigam were terminated by Sri K. C. Gupta, the General Manager of the Corporation on 22nd of July 1959. Sri Nigam filed writ petition No. 2456 of 1959 which was allowed by Oak, J. on 29- 11-1961. The order passed by Sri Gupta, General Manager, dated 22-7-1959 terminating the services of Sri Nigam was quashed and the Corporation was directed to pay the costs of Sri Nigam.
The Corporation filed a special appeal which came up for hearing before a Bench consisting of one of us (Jagdish Sahai, J.) and G. C. Mathur, J. The special appeal was dismissed on 30th October 1964. It is against that judgment that this application is directed.

The main submission that was made in the special appeal was that the provisions of Article 311 (2) of the Constitution of India did not apply to Sri Nigam's case because on 1-4-1939 the U. P. Electricity Board was constituted and took over the undertaking from the State Government the same day with the result that on 22-7-1959, Sri Nigam was not a Government servant, but the servant of the U. P. Electricity Board. The argument was that being the servant of Electricity Board, Sri Nigam was neither a member of a civil service nor held a civil post.

(3.)THIS submission was against the categorical stand taken by the General Manager, Kanpur Electricity Supply Administration, the sole respondent, in the writ petition. The writ petition was filed in this Court on 10-10-1959. Paragraph 6 of the affidavit filed in support of the writ petition reads:-- "That in 1948 the designation of the petitioner was changed from Accounts Officer to Deputy Executive Officer. THIS new designation was to take effect from 29th March 1943. After the purchase of the undertaking of the Corporation the petitioner became the employee of the State and held a civil post under the State. His name appeared in the civil list of the State as Deputy Executive Officer."
In the same words reads Para. 5 of the writ petition. On behalf of the General Manager, Kanpur Electricity Supply Administration a counter-affidavit sworn by Sri K. G. S. Nataraj the Executive Officer of the said Administration, was filed in this Court on 27th November 1959. Paragraph 6 of that counter-affidavit reads:-- "That Para. 6 of the applicant's affidavit is admitted."


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