TMI Blog2015 (11) TMI 1888X X X X Extracts X X X X X X X X Extracts X X X X ..... s Act 2009, there is no reason to withdraw it. More so, the last salary drawn by the retrenched employees was also protected by means of Government Order dated 11 November 1993. The matter of protection of pay scale as last drawn by the retrenched employees was considered by the Hon'ble Supreme Court in the case of Chittaranjan Sharma v. State of Himachal Pradesh, reported in [ 1996 (9) TMI 663 - SUPREME COURT] , whereby the Supreme Court directed to maintain the pay scales of the absorbed employees in the event of their retrenchment. This has been followed by the learned Single Judge. Therefore, the findings given by the learned Single Judge as well as the directions issued to the appellants to give the consequential benefits to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh Absorption of Retrenched Employees of Government or Public Corporations 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Employees of Government or Public Corporations in Government Service (Rescission) Rules, 20032, whereby Rules 1991 were rescinded.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Absorption of Retrenched Employees of Government or Public Corporations in Government Service Rules 1991 are hereby rescinded, and as a consequence of such rescission (i) the right of a retrenched employee to be considered for absorption accrued under the Utta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been absorbed till such date shall be entitled to get relaxation in 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 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Rules 2003 were replaced by the Rescission of Rules Act 2009, which provides that the Absorption Rules which were rescinded with effe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut who has not been absorbed till April 8, 2003 shall be entitled to get relaxation in 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Woollen Mills and not absorbing the writ petitioners is discriminatory and violative of Articles 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 enfor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e absorbed employees rendered in the erstwhile department for the purpose of pensionary benefits is concerned, 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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