RAJIV VARSHNEY AND 10 ORS Vs. STATE OF U P THRU PRIN SECY DEPTT OF BASIC EDU LUCKNOW & ORS
LAWS(ALL)-2018-7-39
HIGH COURT OF ALLAHABAD
Decided on July 06,2018

Rajiv Varshney And 10 Ors Appellant
VERSUS
State Of U P Thru Prin Secy Deptt Of Basic Edu Lucknow And Ors Respondents

JUDGEMENT

Rajesh Singh Chauhan, J. - (1.) Heard Sri Vivek Raj Singh, learned counsel for the petitioners, Sri Pankaj Khare, learned Additional Chief Standing Counsel for the State-respondents and Sri Anand Mani Tripathi, learned counsel appearing for the respondent No.4-State Project Director, U.P. Education for all Project Council, State Project Office (Sarva Shiksha Abhiyan), Lucknow.
(2.) In the aforesaid batch of writ petitions, the main question for consideration by this Court is as to whether the petitioners who are erstwhile employees of U.P. UPTRON India Limited can claim the equivalent post on which they were performing their duties in the erstwhile department, in the department of Basic Shiksha, State of U.P. where they have been absorbed on account of closure of UPTRON India Ltd.
(3.) Since the common question of law and facts are involved in these writ petitions, therefore, with the consent of the counsel for the parties of the writ petitions, these petitions are decided by a common judgment. The prayers of all the writ petitions are being reproduced here-in-below:- 1.Case :- SERVICE SINGLE No. - 3811 of 2018 (a) Issue a writ, order or direction in the nature of certiorari to quash the order dated 30.01.2018 (Annexure No.1 collectively), passed by the opposite party No.4. (b) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow to the petitioners to retain their posts of Assistant Account & Finance Officer along with protection of pay scale of Rs.9200-34800 with grade pay of Rs.4200/-. 2.Case :- SERVICE SINGLE No. - 5104 of 2018 (a) Issue a writ, order or direction in the nature of certiorari to quash the order dated 30.01.2018 (Annexure No.1 collectively), passed by the opposite party No.4. (b) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow to the petitioners to retain their posts of District Co-ordinator along with protection of pay scale of Rs.9200-34800 with grade pay of Rs.4800/-. 3.Case :- SERVICE SINGLE No. - 4178 of 2014 (a)Issue a writ, order or direction i the nature of certiorari to quash the orders dated 31.07.2013 & 16.07.2014 (Annexure Nos.1 & 2), passed by the opposite party No.1. (b)Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pass an appropriate order to absorb the petitioners on Accounts Cadre with pay band-2 Rs.9300-34800 with grade pay of Rs.4800/- preferably on the post of Assistant Finance & Accounts Officer. (c)Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pass the absorption order with the protection of the designation and last pay drawn by the petitioners. (d)Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to conclude the service period of the petitioners for the assured carrier progression i.e. ACP and retirement benefits.;


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