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