SHITAL KUMAR VAISH Vs. STATE OF U P

JUDGEMENT

(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.

(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.