D.K.Seth, J. - (1.) THE Petitioners were appointed temporarily for a limited period in the Moradabad Development Authority, Moradabad, Section 5A was introduced by the U.P. Ordinance No. 19 of 1984 and has been replaced by the U.P. Act No. 21 of 1985. After the period of limitation in the appointment letter had expired, the Petitioners were allowed to continue in service till 1988 though the original period was limited till 30th April, 1984. By order dated 1st August, 1988 further limitation was sought to be imposed by indicating that the services of the Petitioners were for a period till 31st August, 1988. But the fact remains that in the year 1984, Section 5A was introduced in the U.P. Urban Planning and Development Act, 1973 by means of U.P. Act No. 21, 1985 following the U.P. Ordinance No. 19 of 1984 as aforesaid.
(2.) ON these backgrounds, Mr. B.D. Mandhyan, learned Counsel for the Petitioners contended that in view of the provisions contained in Section 5A service of the Petitioners could not be terminated otherwise than in accordance with the provisions introduced by the said amendment. Mr. P.K. Singh, learned Counsel for the Moradabad Development Authority, on the other hand contended that the Petitioners' services were for a limited period and extended from time to time and the order dated 1st August, 1988 was the last extension so given. Therefore, there is no infirmity in the said order and the Petitioners cannot claim benefits of Sub -section (6) of Section 5A of the Act because of the specific duration in the appointment, which was a limited one.
(3.) AFTER having heard Mr. Mandhyan, learned Counsel for the Petitioners and Mr. P.K. Singh, learned Counsel for the Respondent, it appears that in order to appreciate the situation, it is necessary to refer to Section 5A of the U.P. Urban Planning and Development Act, 1973 as introduced by the U.P. Ordinance No. 19 of 1984 followed by U.P. Act No. 21, 1985. Section 5A is quoted below: 5A. Creation of centralised services. - (1) Notwithstanding anything to the contrary contained in Section 5 or in any other law for the time being in force, the State Government may at any time, by notification, create one or more 'Development Authorities Centralised Services' for such posts, other than the posts mentioned in Sub -section (4) of Section 59, as the State Government may deem fit, common to all the Development Authorities, and may prescribe the manner and conditions of recruitment to, and the terms and conditions of service of persons appointed to such service. (2) Upon creation of a Development Authorities Centralised Service, a person serving on the posts included in such service immediately before such creation, not being a person governed by the U.P. Palika (Centralized) Service Rules, 1966, or serving on deputation, shall, unless he post otherwise, be absorbed in such service. - (a) finally, if he was already confirmed in his post, and (b) provisionally, if he was holding temporary or officiating appointment. (3) A person referred to in Sub -section (2) may, within three months from the creation of such Development Authorities Centralised Service communicate to the Government in the Housing Department, his option not to be absorbed in such Centralised Service, failing which he shall be deemed to have opted for final or provisional, Centralised Service. (4) Suitability of a person absorbed provisionally for final absorption in a Development Authorities Centralised Service, shall be examined in the manner prescribed and if found suitable he shall be absorbed finally. (5) The service of an employee who post against absorption or who is not found suitable for final absorption, shall stand determined and he shall, without prejudice to his claim to any leave, pension provident fund or gratuity which he would have been entitled to, be entitled to receive as compensation from the Development Authority concerned, as amount equal to - (a) three months' salary, if he was a permanent employee; (b) one months' salary, if he was a temporary employee. Explanation. -For the purposes of this Sub -section the term 'salary' includes dearness allowance, personal pay and special pay, if any. (6) It shall be lawful for the State Government or any officer authorised by it in this behalf, to transfer any person holding any post in a Development Authorities Centralised Service from one Development Authority to another.;