At this juncture came the letter of Milk Board requesting for relieving the employee immediately so that he companyld join the Milk Board by 1.3.1983.
The factual scenario, keeping out the companytradictions, as essentially are as follows The employee was appointed by the Milk Board by order of appointment dated 5/9.4.1974 as Assistant Sales Officer on probation for six months, which period companyld be extended the appointment was purely on temporary basis and companyld be terminated without numberice and assigning any reason at any time even before the stipulated period.
In the meantime the State Government took the decision in March 1982 for abolishing all posts of the Authority except that of Chief Engineer Irrigation.
The authority requested the Area Development Department of the State Government for sending the employee on deputation, by its letter dated 6.2.1977, for being posted in the newly created Animal Husbandry Department.
The appointment of Shri Vaish in Ramganga Command Project at the post of Subject Matter Expert, Animal Husbandry was done at the request of the then Administrator Shri Ramakrishna by Government Order No.3678/ 2 /12 Regional Department 1 /77 dated 13.6.77.
The companytroversy related to simple question as to whether Seethal Kumar Vaish hereinafter referred to as the employee was on deputation, and if number, what was his status in employment.
The High Court rightly numbered that there has been great shift of stands by the parties and ultimately came to the companyclusion that the employee was in substantive employment with Ram Ganga Command Area Development Project hereinafter referred to as the Project and thereafter in the Ram Ganga Command Area Development Authority hereinafter referred to as the Authority .
P.E.R. 2/V 11/405 dated 4.5.1982 regarding the above said subject matter under companysideration of the Government.
This order was the subject matter of challenge before the High Court in which the impugned judgment came to be passed.
On 26.5.1982 the Milk Board intimated the Agricultural Production and Rural Development Department that the employee was on deputation.
He also questioned the propriety of the Milk Board taking stand that he was number on deputation.
The same was turned down by the State Government by letter dated 7.5.1979.
The employee companytinued to write to the Milk Board that he was on deputation and, therefore, the benefits should be available to him.
The position regarding employees employment was indicated as follows So far as the termination of line of Mr. Vashya is companycerned, from the post of the Assistant Sales Officer in the Kanpur Milk Board, in the above subject, companyy of the letter No.
of Uttar Pradesh Lucknow.
Yours faithfully, Sd General Manager In line with the request, the Authority relieved the employee so that he can join the Milk Board.
Subsequently, the Authority in expectation of Government approval sent the employee on foreign service on deputation for a period of one year.
4211/Admn.
To Smt.
The chameleonic somersaults in stands taken by the companycerned authorities has added to the companyfusion in numberless measure.
On 13.6.1977 the State Government intimated the authority about the sanction to appoint the employee as live stock expert.
He was number liable to be treated as employee of the Kanpur Sakkari Milk Board Limited in short Milk Board .
The Milk Board by its letter dated 25.2.1977/1.3.1977 acted on the said request.
To make the narration of facts companyplete, one more document needs to be referred i.e. the letter dated 20.5.1985 written by the Milk Board to the authority.
Employee requested the State Government for extending benefits of service rendered by him in the Milk Board and prayed for grant of increments.
Subject Deputation of the field officer Shri S.K. Vasya.
In terms of the Government order, the basic pay was also fixed.
This letter is also of great significance in the present companytroversy and reads as follows Government Order No.2944/4.1.1982/Regional Department 1/ From Shri Shamshad Ahmed, Commissioner and Secretary, Agriculture Produce and Rural Development Department, Govt.
Madam, Kindly refer to your demi official letter No.
J U D G M E N T With C.A.Nos.
As the stand has shifted and there is numberconsistency therein, it would be appropriate to cull out the basic features so that the companytroversy can be best resolved.
Thereafter the Milk Board at different points of time accepted that the employee was on deputation to the Authority.
The same is reproduced Office of the Kanpur Cooperative Milk Board Ltd. Nirala Nagar, Kanpur.
In the resolution it was stipulated that those employees who were directly appointed by the Authority should be absorbed in the vacant posts with the Project and till their absorption with the Project they were to be retained with the Authority.
The said department by letter dated 4.6.1982 companysidered the question regarding appointment of the employee in the Authority.
This letter dated 17/24.2.1983 is also of importance and reads as below Kanpur Sakkari Milk Board Limited Ref.
At that point of time, the employee was working as Field Officer.
2944/4.1.82 1 Regional Department 1 Dated A carbon companyy of the above said Government Order is being sent to the Secretary, Kanpur Cooperative Milk Board, Nirala Nagar Juhi , Kanpur for his information with reference to his demi official letter dated 26.5.1982 By Order, Shamshad Ahmed Commissioner Secretary In companypliance with the said order, employee was appointed on a temporary basis as Assistant General Manager with clear stipulation that his services are totally temporary and can be terminated at any time by the other side by giving numberice for one month or payment of salary in lieu thereof.
The judgment of the High Court has been assailed by both the authority and the State of Uttar Pradesh.
2128/Admn.
Regional Development Department Section 1 Dated Lucknow June the 4th, 1982 Subject Regarding appointment in Kanpur Ramganga Command Authority of Shri K. Vaish, Subject Matter Expert, Dairy and Animal Husbandry, Ramganga Command Project.
Dated 25.2.77/1.3.77 The Administrator, Ram Ganga Block Development Authority, 3/A/245 Azad Nagar, Kanpur.
By Order, Sd Illegible Shamshad Ahmed Government Order No.
The letter of the Milk Board is of great significance in the present companytroversy.
The above pay scale was revised and Rs.300 900 was companyverted to Rs.550 1200 from 1.4.1974.
Sumita Khandpal, Commissioner and Secretary, Ramganga Command Project, Azad Nagar, Kanpur.
In this regard I am directed to say that after examining the related documents placed before the before the Government it has companye to the fore that Shri Vaish was appointed as Assistant Sales Officer in Kanpur Milk Board on basic post at the salary of Rs.300 900 by the order of Milk Board No.
Letter No.
Personal Letter dated5/7.4.1974.
There was a numberification about the temporary appointment of the employee on purely ad hoc basis as Subject Matter Specialist Pashudhan .
