S.D. Agarwala, J. - (1.) The petitioners were initially working in the department of agriculture in the State of Uttar Pradesh. They were sent on deputation to work as Secretaries in the various mandi samities of the State of Uttar Pradesh. The Mandies have been established under the U.P. Krishi Utpadan Mandi Adhiniyam, 1964 (hereinafter referred to as the Mandi Act). When the petitioners were not absorbed as secretaries of the Mandi Samities and repatriated, they challenged the orders of repatriation by means of a writ petition filed in the Lucknow Bench of the High Court. Their petitions were allowed and the respondents were directed to reconsider the cases of the petitioners again after giving them an opportunity of being heard. The petitioners were aggrieved by the decision of the Lucknow Bench and they approached the Hon'ble Supreme Court. The Hon'ble Supreme Court did not accept their contention. Thereafter, their cases were considerably the respondents and again the respondents came to the conclusion that the petitioners were not fit to be absorbed and, hence, the petitioners were repatriated to their parent department. Having lost one innings in this court as well as in the Supreme Court, they have again filed the present petition which is nothing but an abuse of the process of the Court. Nevertheless since we have heard learned Counsel for the parties, it is necessary for us to consider the questions raised by the petitioners. In order to appreciate the contentions raised by the petitioners, it is necessary to consider the various provisions of the Mandi Act and the rules framed thereunder.
(2.) The Mandi Samities were constituted under Section 12 of the Mandi Act Section 12 provided that for every market area, there shall be a committee to be called a Mandi Samiti of that market area which shall be a body corporate having perpetual succession and an official seal and subject to restrictions or qualifications, if any, as may be imposed by the Act. It was empowered to sue or sued in its corporate name and acquire and hold and dispose of property and enter into contracts. Chapter IV of the Mandi Act deals with Officers and Servants of the Committee. Section 23 specifically provided the subject to the provisions of the Act and the rules made in this behalf, the Committee, its Chairman or Secretary to the extent empowered under the bye-laws or resolutions passed by the Committee, may appoint such officers and servants as may be necessary for carrying out the purpose of the Act on such terms and conditions of service as may be provided for in the bye-laws of the committee. Section 23(2) which is relevant for the purposes of this is as follows:- "Every committee shall have a secretary and such other officers as may be considered necessary by the board for the efficient discharge of the functions of the Committee, appointed by the Board on such terms and conditions as may be provided for in the regulations made by it."
(3.) Initially the persons serving in the agriculture department as well as in the department of agriculture marketing were sent on deputation to work as Secretaries of the Mandi Samitis. Section 23-A empowered the Board to constitute a centralised service and to transfer the employees to the said service. Section 23-A, sub-sections (1) and (2) which are relevant for the purposes of the present case are quoted below:- "(1) Notwithstanding anything contained in any other provision of this Act, the Board may constitute cadres of Secretaries and such other officers common to all Committees as it may deem fit to appoint under sub-section (2) of Section 23, (2) Every person who was holding a post comprised in a cadre referred to in sub-section (1) in any committee (including a Government Servant serving on deputation) shall on and from the date of constitution of the cadre) hereinafter in this section referred to as the said date) become a member of the cadre and shall hold his office or service therein by the same tenure, at the same remuneration, and upon the same terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he would have held the same on the said date but for the constitution of the cadre and shall continue to do so until his employment as a member of a cadre is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Board under or in pursuance of any law or in accordance with any provisions which for the time being govern his service : Provided that nothing contained in this section shall apply to any such person who, by notice in writing given to the State Government, may within such time as the State Government may, by general or special order specify, intimates his intention of not becoming a member of the said cadre : Provided further that the services of any employee referred to in the preceding proviso under the State Government or under a Committee, as the case may be, shall stand terminated on account of abolition of the post held by him and he shall be entitled from the State Government or the Committee concerned, as the case may be, to the compensation equivalent : (a) in the case of a permanent employee to three months remuneration ; (b) in the case of a temporary employee to one months' remuneration. (3) ............................." The Uttar Pradesh Krishi Utpadan Mandi (Amendment) Ordinance (U.P. No. 13 of 1984) was promulgated on 11th of June, 1984. Sub-section (2) of Section 23-A was substituted. The substituted sub-section (2) is quoted below : "(2) Subject to the provisions of sub-section (2B) - (a) every person, other than a Government servant, serving in any committee on deputation, who holds a post comprised in the cadre referred to in sub section (1), and (b) Every Government Servant, serving in any committee on deputation on a post in the said cadre, who is not found to be unsuitable, suitability being determined in such manner as may be laid down in regulations, shall on and from the date of the constitution of the said cadre (hereinafter in this section to be referred to as the said date) become member of the cadre on the terms and conditions mentioned in subsection (2-A). (2-A) Every person, who becomes a member of the cadre under subsection (2) shall hold office by the same tenure, at the same remuneration, upon the same terms and conditions, and with the same rights and privileges as to pension, gratuity and other matters as he could have been entitled to on the said date but for the constitution of the cadre and shall continue to be so entitled until his employment as a member of the cadre is terminated or until his remuneration or other terms and conditions of service are revised or altered by the Board under or in pursuance of any law or in accordance with any provision which for the time being governs his service, (2-B) Nothing contained in sub-section (2) shall apply to a person who, by notice in writing, given to the State Government, within such time as the State Government may, by general or special order specify intimates his intention of not becoming a member of the said cadre. (2-C) The service of an employee, under a committee, who opts against absorption, shall stand terminated on the ground of abolition of post and, on such termination, he shall be entitled to receive from the concerned committee compensation equivalent to, - (a) three months emoluments in case of permanent employee ; (b) one month emoluments in case of temporary employee; (2-D) A Government servant serving in any committee on deputation on any post in the cadre, referred to in sub-section (1) who opts against absorption or who is not found suitable, shall be reverted to his parent department and, if having regard to his seniority, a post is not available for him in the parent department his services shall stand terminated with effect from the date of the order of reversion on the ground of abolition of post and, on such termination, he shall be entitled to receive, from State Government, compensation equivalent to the amount mentioned in sub-section (2-C).";