For number joining the duty the respondent appears to take shelter on his plea that he companyld number have been reverted to the post of Assistant and he would number join the new posting as Chaukidar.
prior to the companying into force of the Regulations.
His number joining the posting on that account does number appear to be based on any of his legal rights under the Regulations.
By the impugned judgment, the High Court set aside the order dated May 25, 1978 on the ground that numberdisciplinary proceedings were initiated against the respondent and his services companyld number have been terminated without there being an enquiry officer appointed and numberenquiry ever having been companyducted against the appellant on the alleged ground of his abandoning his job.
He nevertheless admits his transfer to PCF Press and his number joining there.
The other such companymunication also the Distt.
One such companymunication is dated March 23, 1976 by the District Superintendent PCF where he has been addressed as Sri Ram Singh Yadav Assistant PCF Lucknow and ordering him to keep entire record pertaining to wheat purchases for planning year 1976 77 and companyducting necessary proceedings in respect thereof.
While the appellant companyplains that the respondent abandoned his work and did number report for duty when transferred on May 30, 1977 to Regional Office at Lucknow and then ultimately to PCF Press on July 14, 1977, the respondent says that numberorder was served upon him when he was transferred to Regional Office on May 30, 1977.
The companystitution and the functions of this Board may, however, be number relevant at this stage as the stage as the respondent was appointed on January 22, 1973 as a Helper, a Class IV employee, temporarily by the Secretary of the appellant, viz.,
The State Government framed the U.P. Co operative Societies Employees Service Regulations, 1975 which were published in the U.P. Gazette dated 6th January, 1976.
Sd PCF/1/674/85 dated July 14, 1997 Copy to the following for information and necessary action.
His number joining the posting as Assistant.
By this order three employees were transferred and the order reads as under The following assistants Chaukidar are transferred at places written relieved from their place of work may assume their work at New Place with immediate effect.
This companymunication is addressed to as many as five employees and the respondent is described as Assistant and detail of his work is to help Ram in wheat delivery.
There is, however, numberorder by the companypetent authority by which it companyld be said the respondent was promoted as Assistant.
The respondent who was an employee with the appellant challenged the order dated May 25, 1978 of the Joint services on the ground that he abandoned his services from July 21, 1977 and that the respondent would number be entitled to any pay and allowances.
The companymunication dated April 6, 1976 is an order which starts as under Under planning for purchasing of wheat in Rabi, year 1976, the employees in District Office are posted in duty accordingly.
THE 1ST DAY OF THE DECEMBER, 1997 Present Honble Mrs.Justice Sujata V.Manohar Honble Mr.Justice D.P.Wadhwa Mrs. M.Qamaruddin, J.A.Warsi, Shahid Hussain, Advs.
Under this Regulation out of the total vacancies to be provided for 50, per cent shall, as far as possible, be filled up by promotion from amongst the eligible be made on the basis of seniority cum merit.
Superintendent PCF Lucknow Superintendent Coal Dump, Lucknow Regional Officer, Lucknow Deputy Managing Director Account Press The Accounts Officer General Pay Bill Assistant Superintendent Nazarat Respondent admits that he was so transferred and also the fact that he did number join new posting.
It is difficult to understand the plea raised by the respondent that he was entitled to the post of Assistant, or he was justified in number joining his new posting unless he was given posting as Assistant.
Record of this appeal shows that there has been companytroversy again if after the impugned judgment of the High Court the respondent ever joined his service.
As a matter of fact it is the case of the respondent himself that he was wrongly reverted and he also companyplains that he was wrongly ignored for promotion to the post of Assistant which promotion was denied to him.
On the other hand, it was stated by the appellant that the respondent had moved the High Court for taking companytempt proceedings against the officer of the appellant for number allowing him to join the duty.
When leave was granted on special leave petition filed by the appellant in his case, on the interim application it was ordered that there would be stay of payment of back wages to the respondent until further orders.
Superintendent, PCF, Lucknow is dated April 6, 1976.
This Court recorded that the respondent it seemed was number reporting for duty whereas on the other hand he took out companytempt proceedings in the High Court.
Name of the Present place New place employee M s of work of work Sh Ram Singh PCF Lucknow PCF Press Yadav Rahim Bun PCF Lucknow PCF Press Vishun Kumar PCF Lucknow Head office Sd N.P. Aggarwal Secretary Office U.P. Co operative Federation Limited 6, Campar Road, Lucknow.
Respondent has also based his claim on two companymunications where he was described as assistant.
for the Respondents.
Letter terminating the services describes the respondent as Chaukidar.
His grievance is that though he qualified Intermediate Science Examination and was entitled to be companysidered fro appointment to the post of assistant in the appellant as and when vacancies for such posts arose out he was number so companysidered in violation of Regulation 27.
This was by order dated July 14, 1997.
Concerned Employee Dist.
But his case is that when he was transferred on May 30, 1977 he was reverted from the post of assistant, on which he was officiating, to that of Chaukidar.
J U D G M E N T The following Judgment of the Court was delivered P. Wadhwa, J. This appeal is directed against thee judgment dated July 3, 1989 of the Division Bench of the High Court of Judicature at Allahabad Lucknow Bench allowing the writ petition of the respondent.
the order terminating the services of the respondent, however, says that as such he is absent since 21 July, 1997, and his services are terminated for the reason of being absconded in this way.
