Court No. - 34
Case :- WRIT - A No. - 5538 of 2016 Petitioner :- Dr. D.K. Sachan And 8 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Akhilesh Kumar Singh,Radha Kant Ojha Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Learned Standing Counsel stated that counter affidavit has been filed on 16.09.2016 but the same is not on record. Perused the office report dated 20.05.2018 it is stated that office has tried to trace out the counter affidavit but the same could not be traced out. The search is going on. The office has prepared a set of counter affidavit from the copy available to Chief Standing Counsel. Let the said copy of counter affidavit placed on record be made part of record.
2. It has been pointed out that there are two different cadres. One is governed by U.P. Rural Development (Extension) Gazetted Officer Service Rules, 1992 which governs the following category of posts in the cadre:
"1. Assistant Commissioner (Training) and Principal, 2. District Training Officers, 3. Extension Training Officers (Soil Science), (Agronomy), (Plant Protection), (Horticulture) and (Agriculture Extension), 4. Extension Training Officer (Panchayat), 5. Extension Training Officer (Agriculture Engineering) and (Production), 6. Extension Training Officer (Animal Husbandary), 7. Extension Training Officer (Public Health), 8. Extension Training Officer (Co-operative and Industries Service Business), 9. Extension Training Officer (Women Welfare), 10. Extension Training Officer (Accounts), (Training and Education) and (Audio-Visual Aids and Statistics)."
3. Another set of Rules is Uttar Pradesh Deen Dayal Upadhyay Rajya Gram Vikas Sansthan Raj Patrit Adhikari Sewa Niayamawali, 1996 and it governs the services in the category of Research Officer, Assistant Director, Deputy Director, Joint Director and Additional Director. A proposal was made for merger of the services governed by the aforesaid two Rules, in respect whereto Principal Secretary, U.P. Government by letter dated 23.07.2015 communicated to the Director, Deen Dayal Upadhyay, Rajya Gram Vikas Sansthan, Lucknow consent of Government for such merger stating in para 2 is as under:
"2- इस सम्बन्ध मम ममुझझे यह कहनम कका ननदझेश हहआ हहै नक ददीनदयकाल उपकाध्यकाय, रकाज्य गकाम्य नविककास ससस्थकान एविस अधदीनस्थ कझेतदीय / जजिलका गकाम्य नविककास ससस्थकाननों कझे रकाजिपनतत अजधककाररयनों कझे ससविरर्गीय पनररठन कझे सम्बन्ध मम प्रचजलत उ०प्र० ददीनदयकाल उपकाध्यकाय, रकाज्य गकाम्य नविककास ससस्थकान रकाजिपनतत अजधककारदी सझेविकाननयमकाविलदी-1996 एविस उत्तर प्रदझेश ददीनदयकाल उपकाध्यकाय, रकाज्य गकाम्य नविककास ससस्थकान रकाजिपनतत अजधककारदी सझेविका (प्रथम ससशशोधन) ननयमकाविलदी-2000 तथका उ०प्र० गकाम्य नविककास (प्रसकार प्रनशकण) रकाजिपनतत अजधककारदी सझेविकाननयमकाविलदी- 1992 कशो समकानहत करतझे हहए गकाम्य नविककास (प्रनशकण) रकाजिपनतत सझे विकाननयमकाविलदी प्रख्यकानपत नकयझे जिकानम ककी औपचकाररतकायम पपूणर ककी जिकायम रदी।"
(Emphasis added) "2- In this context I am directed to say that with regard to the restructuring of gazetted officers' cadre of the Deen Dayal Upadhyaya State Institute of Rural Development and the Subordinate Regional/District Institutes of Rural Development, formalities shall be completed for enforcing the Rural Development (Training) Gazetted Officers' Service Rules, while merging therein the existing U.P. Deen Dayal Upadhyaya State Institute of Rural Development Gazetted Officers' Service Rules 1996, Uttar Pradesh Deen Dayal Upadhyaya State Institute of Rural Development Gazetted Officers' Service (First Amendment) Rules, 2000 and U.P. Rural Development (Extension Training) Gazetted Officers' Service Rules 1992.”
(English Translation by Court)
4. Learned counsel for parties do not dispute that till date there is no amendment in relevant Rules and therefore, till date both sets of services are governed by separate Rules. It cannot be said to have merged together.
5. In these facts and circumstances, relief claimed by petitioner to declare aforesaid merger as illegal, cannot be granted for the reason that no merger has been made till date. Impugned order only conveys decision taken by Government and Principal Secretary that services and categories governed by aforesaid two Rules be merged but for that purpose amendment in Rules is yet to be made. Hence, in view of above no cause of action has arisen as on date.
6. The writ petition is dismissed accordingly.
Order Date :- 29.5.2018 Nitin Verma