Jagdish Prasad Gupta And Ors. vs State Of U.P. And Ors. on 9 October, 1979
8. A perusal of the decision in Jagidish Prasad's case would
show that the issue in consideration before the Division Bench
was as to whether a claim petition lay before the Public Service
Tribunal under U.P. Public Services Tribunal Act, 1976 with
regard to challenge of termination of Government Roadways
Employees on deputation to the Corporation. The Division Bench
held that prior to absorption of such Government Roadways
Employees in the Corporation, he remained a government
servant and as such the claim petition under the U.P. Public
Services Tribunal Act, 1976 would be maintainable before the
Tribunal. This case does not help the cause of the Corporation.
After the petitioner was placed in deputation in the Corporation,
the Corporation became entitled to regulate, control and
6
supervise the work of the deputees. The Corporation has failed to
point out any law disabling the Corporation from changing the
service conditions of the deputationist. The only bar imposed was
that in no case the conditions of service of the deputationist
would in any way be inferior to those which were applicable
under the U.P. Government Roadways. The Government Order
dated 28.10.1960 categorically states that the supervisory staff of
the rank of Junior Station Incharge and above on the traffic side
would be admitted to pension. The Corporation by its
notification dated 5.5.1978 upgraded the post of Assistant Traffic
Inspector to the post of Traffic Inspector Grade-1 and integrated
the said post in the post of Junior Station Incharge and thus the
post of Traffic Inspector Grade-1 became equivalent in rank to
the post of Junior Station Incharge. Once the two posts were
integrated into a common cadre with the same pay scale and
common appointing authority, it cannot be said that the post of
Traffic Inspector Grade-1 was in any way inferior in rank to that
of Junior Station Incharge. If the argument of the Corporation
were to be accepted, it would lead to absurd results because if a
member of the cadre was absorbed in the Corporation while
working as a Junior Station Incharge he would be admitted to
pension but if he is absorbed from the post of Traffic Inspector
Grade-II he would be denied the said benefit.