- (1.) AGGRIEVED mainly by the non -absorption of the petitioner with the department of Ramganga Command Area Development Authority and the repatriation order dated 28 -2 -1983 by which the petitioner has been directed to join on the original post in the parent department i.e. Kanpur Co - operative Milk Board, the petitioner has ap ­proached this Court under Article 226 of the Constitution.
(2.) IN this case, both the petitioner and respondents have been taking different stands at different stages resulting in con ­fusion from both the sides about the na ­ture of appointment and status enjoyed by the petitioner. The petitioner was initially ap ­pointed as Assistant Sales Officer at Kanpur Sahkari Milk Board Ltd. by order dated 5/9 -4 -1974 in the pay scale of Rs. 300 -900/ - and was placed on probation for six months subject to approval by the U.P. Co -operative Institutional Service Board, Lucknow. The petitioner received incre ­ments of pay and was substantively ap ­pointed with the Kanpur Sahkari Milk Board Ltd. A proposal was made by the Administrator Ramganga Command Project, Kanpur for appointment of the petitioner on deputation as Subject Mat ­ter Specialist (Pashudhan) through letter dated 8 -2 -1977, as contained in Annexure No. 2 to the writ petition. Accepting the proposal the Kanpur Sahkari Milk Board through letter dated 25 -2 -77/1 -3 -77 granted permission for the petitioner's ap ­pointment on deputation and he was relieved with effect from 28 -2 -1977, the said orders are contained in Annexures No. 3 and 4 respectively to the Writ Peti ­tion. The petitioner was required to report for duty to the Administrator, Ramganga Command Project. The permission of the State Government was also sought which was granted through G.O. No. 3678/2/12/ (Regional Department -1) dated 13 -6 -1977 for ad hoc appointment, after con ­sultation with the Governor in the pay scale of Rs. 550 -1200/ -, as contained in Annexure No. 8 to the writ petition. The appointment of the petitioner by the State Government as Subject Matter Specialist (Pashudhan) on ad hoc basis in the pay scale of Rs. 550 -1200/ - was published in the official Gazette through notification No. 5451 A.D. (1)/77 dated 14 -7 -1977.
(3.) AFTER the petitioner had joined with Ramganga Command Project, at Kanpur there was some problem with regard to fixation of his pay and grant of benefit of the tenure of the service rendered by him with the Kanpur Sahkari Milk Board. The respondent No. 3 by let ­ter dated 31 -1 -1979 addressed to the Spe ­cial Secretary, Regional Development Department, treating the petitioner to be on deputation fixed the salary in the pay scale of Rs. 550 -1200/ - at Rs. 670/ - with effect from 1 -4 -1977. The State Govern ­ment by order dated 7 -5 -1979 refused to give benefit to the petitioner of the past services rendered by him with the Kanpur Sahkari Milk Board as also the incre ­ments By another order dated 7 -4 -1980, the State Government rejected the repre ­sentation of the petitioner for giving any benefit of the past services rendered with the Co -operative Milk Board and fixation of salary and grant of increments on that basis. The proposal was finally rejected by the State Government by letter dated 4 -10 -1980 who refused to grant any incre ­ment on the basis of past services rendered by the petitioner with the Co -operative Milk Board and his services were treated on the basis of fresh appointment as Sub ­ject Matter Specialist (Pashudhan) with the Ramganga Command Project.;