RAJA SINGH & ANR. versus STATE OF U.P. & ANR.

Parties

Procedural Posture

Civil Appeal / Appeal From Judgment and Order Dated 07.03.2014 of the High Court of Judicature at Allahabad in CMWP No. 13148 of 2002

Legal Issues

1. 1 Whether appellants appointed prior to UP Minority Welfare Department Gazetted Officers Service Rules 2001 were on deputation or substantively appointed
2. 2 Whether such appellants are entitled to absorption in the cadre of District Minority Welfare Officer
3. 3 Whether appellants are entitled to retiral benefits and pension as District Minority Welfare Officer

Ratio Decidendi

The appellants having been selected and appointed to the post of District Minority Welfare Officer prior to the commencement of the 2001 Service Rules and absent any material showing they were appointed only against temporary posts for a fixed period, their appointments could not be treated as deputation; therefore they are entitled to be absorbed in the cadre of District Minority Welfare Officer from the date of their appointment and to retiral benefits and pension as admissible to that post, subject to adjustment of amounts already paid by parent departments.

Court Disposition

Appeal allowed; impugned High Court order set aside.

Orders

• Appellants to be absorbed in the post of District Minority Welfare Officer in the Department of Minority Welfare and Waqf from the date of their appointment.
• Minority Welfare Department to process pension papers and pay all retiral benefits to the appellants as admissible to the District Minority Welfare Officer after adjusting amounts already paid by their parent departments; directions in para 17 to be complied with expeditiously.