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Sunil Kumar Gupta v. State Of U.P. And Others - WRIT - A No. 36573 of 2007 [2007] RD-AH 13929 (13 August 2007)


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Court No. 38

Civil Misc. Writ Petition No. 36573 of 2007

Sunil Kumar Gupta


State of U.P & others

Hon'ble V.K. Shukla,J

Petitioner has filed present writ petition questioning the validity of the order of attachment, by claiming  that he is senior Accountant in District Rural Development Agency, Etah,  and as such he cannot be attached to another establishment.

Record in question reveals that petitioner had been working in Rural Development Department and has been sent on deputation to District Rural Development Agency (D.R.D.A). Petitioner claims that he has been absorbed in District Rural Development Agency (D.R.D.A) on 31.05.1996. By means of order dated 26.04.2000 petitioner has been sought to be sent back to his parent department. Petitioner filed Writ Petition No. 2196 (SS) of 2000 before Lucknow Bench of this Court, at Lucknow wherein interim order has been passed in favour of the petitioner. Petitioner submits that said interim order is still in operation and unnecessarily he has been sought to be attached which is unjustifiable.

On the matter being taken up today relevant scheme in respect of District Rural Development Agency dated 17.03.1994 has been produced and same reflects therein  that District Rural Development Agency is temporary establishment and also incumbent appointed in the said Agency would be cent percent on temporary basis. In respect of procedure of appointment, the appointing authority minimum eligibility and source of recruitment details have been furnished in Appendix "A". The said appendix gives clear picture qua the post which are to be filled by way of deputation, by way of promotion and by way of direct recruitment. Primafacie petitioner claim is not covered. Categorical question has been put up to learned counsel for the petitioner to point out as to under what relevant Rules/Regulation or Government Order petitioner's services have been absorbed. Petitioner's counsel has miserably failed to point out as to under which provision incumbent  of Rural Development Department has been sent on deputation to District Rural Development Agency and has been directed to be absorbed. Entire capital has been made out on the interim order passed in Writ Petition No. 2196 (SS) of 2000.

Seeing the nature of scheme and the fact that no provision has been produced before this Court in respect of absorption of the incumbent of Rural Development Department sent on deputation to District Rural Development Agency, this Court is of the firm opinion that present writ petition should also be heard alongwith the record of Writ Petition No. 2196 (SS) of 2000 (Ram Babu and another Vs. State of U.P. and others) filed at Lucknow, and  as fate of present writ petition would be dependent the on the outcome of the aforesaid writ petition and entire claim of the petitioner is based on the aforesaid writ petition, as such it would be expedient that record of present writ petition is placed before Hon'ble the Chief Justice, so that  requisite orders,  in respect of record of Writ Petition No. 2196 (SS) of 2000 (Ram Babu and another Vs. State of U.P. and others) which has been filed at Lucknow Bench of this Court, is passed for same being transmitted to this Court so that both the writ petition may be heard and decided together.

List thereafter.

Dated:     13th August, 2007



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