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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Hriday Narain Pandey – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. claim for absorption under rules. (Para 1) |
| 2. no consideration given to absorption despite representation. (Para 2 , 3) |
| 3. prior case law examined regarding absorption rights. (Para 4 , 5 , 6 , 7) |
| 4. restrictions placed by the act of 2009. (Para 8 , 9) |
| 5. past judgments affecting current claims. (Para 10 , 11 , 12) |
| 6. sufficient grounds for denying claims due to inaction. (Para 13 , 14 , 15) |
| 7. claimants as 'fence-sitters' and failed to take action. (Para 16 , 17) |
| 8. legislative changes directly impacting claims. (Para 18 , 19 , 20 , 21 , 22) |
| 9. no grounds to grant relief to petitioners. (Para 23) |
| 10. final dismissal of all writ petitions. (Para 24) |
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 employ
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.
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