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2006 Supreme(All) 3234

V.C.MISRA, AMITAVA LALA
SHRIPAL BHATI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates appeared:
Ms. Rachana Srivastava for the Petitioners; C.B. Yadav, C.S.C., Pradeep Kumar and Ashwani Kumar Misra for the Respondents.

JUDGMENT

Honble Amitava Lala, J.—According to the petitioners, all of them are presently employed in Greater NOIDA Authority and are posted on the post of Manager Grade-I (Engineering). Greater NOIDA Industrial Development Authority Service Regulations, 1993 (hereinafter called as ‘Regulations, 1993’) was promulgated in 1993. Service conditions including appointment, promotion and seniority of the employees of Greater NOIDA are governed by such Regulations. Regulation 16 (1) has been shown to us to satisfy the test of recruitment which is quoted hereunder leaving aside irrelevant parts:

“16. Source of recruitment.—(1) Recruitment of any post under the Authority may be made from any of the following sources—

(a) by direct recruitment;

(b) by promotion from amongst the employees occupying posts carrying a lower scale of pay;

(c) by deputation or on contractual basis;

............................................................

............................................................"

2. According to the petitioners, there is no provision for absorption of employee on deputation by the authority although it has been provided as one of the mode. There is no clear cut policy of absorption/m



















































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