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TMI Blog2015 (11) TMI 1888X X X X Extracts X X X X X X X X Extracts X X X X ..... ons in Government Service Rules, 19911. Subsequently the State Government framed the Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service (Rescission) Rules, 20032, whereby Rules 1991 were rescinded. Rule 3 of Rescission Rules 2003 which deals with the consequences of such rescission, is extracted below:- "3. Rescission and savings.-(1) The Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules 1991 are hereby rescinded, and as a consequence of such rescission- (i) the right of a retrenched employee to be considered for absorption accrued under the Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pper age limit for direct recruitment to such Group "C" and Group "D" posts which are outside the purview of the Uttar Pradesh Public Service Commission to the extent he has rendered his continuous services in substantive capacity in the concerned Government Department or Public Corporation in completed years." 4. Later on the State Government enacted the Uttar Pradesh Absorption of Retrenched Employees of Government or Public Corporations in Government Service (Rescission of Rules) Act, 20093, whereby the provisions of Rescission Rules 2003 were replaced by the Rescission of Rules Act 2009, which provides that the Absorption Rules which were rescinded with effect from April 8, 2003 by the Rescission Rules shall be rescinded and be deemed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upper age limit for direct recruitment to such Group 'C' and Group 'D' posts which are outside the purview of the Uttar Pradesh Public Service Commission to the extent he has rendered his continuous services in substantive capacity in the concerned Government Department or the Public Corporation in completed years." 5. A coordinate Bench of this Court has discussed the effect of absorption Rules, 1991, Rescission Rules 2003 as well as Rescission Rules Act 2009 in case of State of U.P v. Sunil Kumar Verma, reported in 2010 (10) ADJ 125 (DB) in the following heads:- "39. Following issues emerge for consideration in these appeals from the submissions of learned counsel for the parties and their respective pleadings: (i) Whether after iss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 14 and 16 of the Constitution of India?" 6. The provisions of Section 3 of the Rescission of Rules Act 2009 have obviously protected the interest of retrenched employees, who had not absorbed before 8 April, 2003 under the provisions of the Absorption Rules. The Division Bench expressed its opinion in the matter in following manner:- "63 In view of the foregoing discussions, we are of the considered opinion that after the Rescission Rules 2003 with effect from 8 April, 2003, the right of retrenched employees for absorption acquired under the 1991 rules stands terminated with effect from 8 April, 2003 and no such right could have been enforced by retrenched employees after expressly terminating their above right with effect from 8 April ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerned, the original petitioner has failed to produce any such rule, which would entitle him to claim the inclusion of his services rendered in the erstwhile undertaking for the purpose of pensionary benefits. The petitioner was retrenched from service of Auto Tractors Ltd., Pratapgarh. He was absorbed in the State Government service under the Absorption Rules 1991 in accordance with the terms and conditions provided therein. Absorption Rules 1991 do not contain any such provision as to calculate the period of service of the retrenched employee rendered in the erstwhile department for the purpose of pensionary benefits. Therefore, in the absence of a specific provision in the Rules, we are of the view that no such benefit can be provided b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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