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Greater Noida Industrial … vs Umesh Chandra on 13 January, 2010

Allahabad High Court
Greater Noida Industrial … vs Umesh Chandra on 13 January, 2010
Court No. - 9

Case :- SPECIAL APPEAL No. - 1443 of 2005

Petitioner :- Greater Noida Industrial Development Authority & Another
Respondent :- Umesh Chandra
Petitioner Counsel :- Saumitra Singh
Respondent Counsel :- A.K. Singh

Hon'ble Vijay Manohar Sahai,J.

Hon’ble Virendra Kumar Dixit,J.

Heard Shri Shashi Nandan, learned Senior Counsel assisted by Shri Ramendra
Pratap Singh for the appellant and Shri H.R. Mishra learned Senior Counsel
assisted by Shri K.M. Mishra appearing for respondent.

This intra court appeal has been filed challenging the judgement and order
dated 28.09.2005 passed by learned Single Judge wherein he has directed the
respondent, Greater Noida Industrial Development Authority (hereinafter
referred to as (‘GNIDA’) to consider the claim of the petitioner for
regularization of his service on the existing vacancies within three months
from the date. The order was produced before the concerned authority and
further direction has been issued that existing vacancies would be filled from
the contract employees as per the regularization rules and thereafter even if
any vacancy remains to be filled, the same would be filled by direct
recruitment after inviting applications through the advertisements. In
paragraph 4 of the short counter affidavit of respondent/petitioner, Regulation
4 of Greater Noida Industrial Development Authority, Services Regulation,
1993 has been quotwd which clearly provides that the Authority had power to
appoint employees on contractual basis. GNIDA took a policy decision to
regularize the contractual employees provide the vacancies are there in the
ratio of 60-40. This policy decision was taken with regard to 27 employees
and officers who were working in Greater Noida Industrial Development
Authority on contract basis. The policy decision of GNIDA was sent to the
State Government on 31.7.2006 for approval. The State Government by order
dated 5.3.2008 Annexure-4 to the short counter affidavit has granted approval
to Greater Noida Industrial Development Authority to take decision i.e.
approval and has authorized the Greater Noida Industrial Development
Authority to take decision with regard to regularization of 27 employees on
their own end. In pursuance of the approval of the State Government dated
5th March 2008, GNIDA has to take a decision with regard to 27 contractual
employees which has not yet been taken by GNIDA.

This special appeal is disposed of with the direction to Greater Noida
Industrial Development Authority to take a final decision in pursuance of the
policy framed by it for regularization of 27 employees which have been
approved by the State Government on 5.3.2008 within the period of three
months from the date a certified copy of this order is produced before the
Chief Executive Officer. The Chief Executive Officer in compliance of the
direction of the order dated 25.9.2005 shall fill the existing vacancy by
contract employees as per the policy decision taken by the State Government
and thereafter if any vacancy remains the appellant shall publish fresh
advertisement.

Parties shall bear their own cost.

Order Date :- 13.1.2010
PNS

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