Back
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Hriday Narain Pandey – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Petitioners in present bunch of writ petitions are retrenched employees of U.P. Cement Corporation which was wounded way back in the year 1999 and have approached this Court that their claim for absorption in any alternative government department be considered in terms of Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules, 1991 (for short “Rules of 1991”) as well as that benefit of absorption granted to other retrenched employees of same Corporation by a judgment of Supreme Court in Sunil Kumar Verma vs. State of U.P. and others , (2016) 1 SCC 397 be extended to them also.
2. S/Sri Radha Kant Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, Advocate as well as Sri Madan Lal Srivastava, Sri Yogesh Kumar Saxena, Sri R.K. Singh Gaharwar, Sri Vijay Kumar, Sri Kanhaiya Lal, Sri Abhay Kumar Srivastava, Sri Shatrughan Sonwal, Sri Pankaj Srivastava, Sri Animesh Srivastava, Sri Krishna Pratap Singh Kaushik and Sri Rahul Kumar Tiwari, Advocates for petitioners have vehemently urged that petitioners were before this Court through their Association way back in the year 1998, when C
Absorption rights for retrenched employees are contingent upon participation in litigation; non-parties are not entitled to benefit from judicial decisions of previous cases.
The court reaffirmed the right to equitable treatment in employment, necessitating the re-evaluation of absorption-related pay and benefits for employees absorbed under the U.P. Absorption Rules.
The court ruled that quasi-contractual arrangements do not preclude establishing employment status; the absence of a true contractor allows claims under MRTU & PULP Act.
All absorbed employees are entitled to pension from the date of absorption, while service rendered prior to that is not counted towards qualifying service.
Finality of administrative decisions in educational governance ensures adherence to past judgments regarding teacher absorption without arbitrary delays or changes.
Absorption conditions in service law restrict past service benefits, emphasizing that claims must align with statutory stipulations, thus petitions challenging their constitutionality are unfounded.
Points of law : Payment of lump sum amount to persons on absorption in or under a corporation, company or body.- (1) Where a government servant referred to in Rule 37 elects alternative of receiving ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
