- (1.) Heard Mr.Ramesh Pandey, learned counsel for the petitioner and learned Standing Counsel. Since common question is involved in both the writ petitions, the same are being decided of by one and a common order.
(2.) The petitioner was appointed on the post of Executive (Personnel and Administration) in Auto Tractors Limited, Pratapgarh. While working as such he was retrenched from Auto Tractors Limited in 1990. Subsequently he was absorbed on Ex Cadre post of District Backward Class Welfare Officer vide order dated 13.1.1998. On the date of retrenchment the petitioner was receiving salary in the pay scale of Rs.1020-1770 in Auto Tractors Limited, which was revised to Rs.2200-4000 w.e.f.1.1.1986. The Government Order dated 11.11.1993 had protected the last pay drawn by the retrenched employees on their absorption in the Government Department. Since the petitioner was placed in the pay scale less than the pay scale fixed in the erstwhile department, he had represented to the State Government for protection of pay scale in light of the Government Order dated 11.11.1993. In the meanwhile the Government has notified the Uttar Pradesh Absorption of Retrenched Employees of Government or Pubic Corporations in Government Service (Rescission of Rules) Act, 2009, whereby the absorption Rules were rescinded. Upon such rescission it was provided that the retrenched employees except those who were absorbed during the period from May 9, 1991 to April 8, 2003 shall have no claim with regard to their absorption under the said absorption Rules and granting all consequential benefits including pay protection was also revoked ab initio. Since this rescission of Rules Act 2009 had protected the pay scale last drawn pay only to those employees who had been absorbed till 8 April 2003 and the petitioner was absorbed on 27.8.2003 the petitioner has been denied from the protection of pay last drawn by him in the erstwhile department.
(3.) The controversy involved in the matter has been set at rest by the Coordinate Bench of this Court in which one of us (Shri Narayan Shukla,J.) was a member i.e. the Special Appeal Defective No.553 of 2015:State of U.P.Thru Prin.Secy.Minority Welfare Deptt.Lko & Ors. Versus Ram Shankar Gupta. For benefit we quote the operative portion of the order:- "Since Rescission Rules 2003 protected the benefit of pay granted to an absorbed retrenched employee prior to the date of commencement of Rescission Rules 2003 even after enforcement of Rescission Rules Act 2009, there is no reason to withdraw it. More so, the last salary drawn by the retrenched employees was also protected by means of Government Order dated 11 November 1993. The matter of protection of pay scale as last drawn by the retrenched employees was considered by the Hon'ble Supreme Court in the case of Chittaranjan Sharma and others Vs. State of Himachal Pradesh and another, 1996 3 ESC 622, whereby the Supreme Court directed to maintain the pay scales of the absorbed employees in the event of their retrenchment. This has been followed by the learned Single Judge. Therefore, the findings given by the learned Single Judge as well as the directions issued to the appellants to give the consequential benefits to the respondents do not deserve to be interfered with.";