# Sandeep Raizada & Ors v. State Of U.P. & Ors

- **Citation:** (2025) 9 ILRA 310
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2025-09-11
- **Case number:** Writ A No. 6954 of 2019
- **Bench:** Saurabh Shyam Shamshery
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/sandeep-raizada-ors-v-state-of-u-p-ors-53919
- **Pages:** 39

## Headnote

C.S.C., Sunil Kumar Mishra, Vinod Kumar
Pandey

Issue for Consideration
Entitlement of Assistant Regional Manager
appointed between 1986 to 1990 to get pension
in the light of the GO dated 21.07.1972 issued
u/s 34(1) of the Act of 1950, particularly when
the UP State Road Transport Corporation
Officers Service (General) Regulations, 1998
came into operation.

Headnotes
(A) Service law - Pension - Entitlement -
Petitioners were appointed as Assistant
Regional Manager between 1986 to 1990
in State Road Transport Corporation -
Pension was claimed to be granted under
the GO dated 21.07.1972 - Application of
UP State Road Transport Corporation
Officers Service (General) Regulations,
1998 felt into consideration :
Held : The declaration made in very beginning
of Regulations, 1998 provides that it was in
supersession of all Government Orders on
subject, therefore, it was in supersession of the
Government Order dated 21.07.1972 also,
therefore, benefit of it, if any, to service
conditions of petitioners would come to an end
when Regulations, 1998 came into existence.
After enforcement of Regulations, 1998 the
services of petitioners would govern by its
regulations only and, therefore, in case said
regulations provides provision of pension to
services of petitioners, it would be granted,
otherwise no pension can be granted - There is
no
specific
provision
subsequent
to
commencement of Regulations, 1998 that
petitioners were entitled for pension - In
absence of any specific provision of service
regulation to grant pension to petitioners, the
relief sought cannot be granted. [Paras 55, 59
and 63 (B) and 63 (C) and 64]

(B) Service law - Constitution of India -
Article 226 - Writ - Claim of pension was
made - It's permissibility, particularly
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
311
when there is no rules - Exercise of writ
power, extent of :
Held : Pension can be claimed only when it is
permissible under the Rules or Schemes and per
contra if there is no rule to support the claim of
pension, the Writ Court cannot issue a
mandamus directing an employer to provide
pension to an employee, who is not covered
under rules - U.P. Roadways Retired Officials
and Officers Association's case of Apex court
relied upon. [Para 50] (E-1)

Case Law Cited
U.P. Roadways Retired Officials and Officers
Association Versus State of U.P. And Another,
(2024) 9 SCC 33; General Manager, Mysore
State Road Transport Corporation vs. Devraj Urs
and another, (1976) 2 SCC 862; State of
Madhya Pradesh and others vs. Shardul Singh,
(1970) 1 SCC 108; State of Rajasthan and
others vs. Mahendra Nath Sharma, (2015) 9
SCC 540 - referred to.

List of Acts
The Road Transport Corporation Act, 1950 - S.
3, 34 and 45; U.P. Road Transport Corporation
Employees
(Other
than
Officers)
Service
Regulations, 1981 - Reg. 4 and 39; U. P. State
Roadways Organization (Abolition of Posts and
Absorption of Employees) Rules, 1982 - Rules
1, 4 and 8; Uttar Pradesh State Road Transport
Corporation
Officers
Service
(General)
Regulations, 1998 - Reg. 2, 17 and 25; GO
dated 16.09.1960; GO dated 28.10.1960; GO
dated 29.05.1972; GO dated 07.06.1972; GO
dated 05.07.1972;
GO
dated
21.07.1972;
Communications
dated
23.10.2008
and
12.06.2009.

List of Keywords
History of roadways in State of Uttar Pradesh;
Temporary
department;
Public
transport;
Temporary employee; Roadway Organization;
Roadways
Corporation;
Assistant
Chief
Manager;
Assistant
regional
Manager;
Permanent
post;
Pension;
Probation;
Resolution;
Amendment
application;
Supersession; Existing regulation; Board of
Corporation;
Appointment
letter;
Selection
process;
Service
conditions;
Deputation;
Seniority;
Government
service;
Appointing
authority; Financial strength; Board of Director;
Ambiguity.
Case Arising From
Orders and resolutions of Director of Board of
Corporation rejecting the claim of pension.

Appearances for Parties
Advs. for the Petitioners : A.K. Srivastava, Samir
Sharma (Senior Adv.), S

## Text

_Characters 0–39,931 of 119,113. This is a partial read: ask again with offset=39931 for what follows._

310 INDIAN LAW REPORTS ALLAHABAD SERIES
fitness, therefore, benefit as sought by the
petitioner of said Clause cannot be granted.
In view of above, judgment of Birendra
Singh Chauhan and others vs. Food
Corporation of India and others and
other
connected
cases,
2023:PHHC:164004 would also not much
helpful to the case of petitioner.

17. In view of above, on basis of facts
of present case and on basis of joint reading
of sub-Clause X, the argument raised by
learned Senior Advocate for petitioner has
no legal basis, therefore, no case is made
out for interference.

18. Court is also of the view that facts
of present case are squarely covered by
H.C. (GD) Om Prakash (supra) which is
against the petitioner since the scope for
judicial review of an order of compulsory
retirement
based
on
the
subjective
satisfaction of the employer is extremely
narrow and restricted and since petitioner
has failed to show that it was based on
arbitrary or extraneous ground or affected
by malafide, this Court in judicial review
cannot sit as an Appellate Authority.

19. In view of overall circumstances,
writ petition is dismissed.
----------
(2025) 9 ILRA 310
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 11.09.2025

BEFORE

THE HON'BLE SAURABH SHYAM
SHAMSHERY, J.

Writ A No. 6954 of 2019

Sandeep Raizada & Ors. ...Petitioners
Versus
State Of U.P. & Ors. ...Respondents
Counsel for the Petitioners:
A.K. Srivastava, Samir Sharma (Senior
Adv.), Sudhir Dixit, Utkarsh Dixit

Counsel for the Respondents:
C.S.C., Sunil Kumar Mishra, Vinod Kumar
Pandey

Issue for Consideration
Entitlement of Assistant Regional Manager
appointed between 1986 to 1990 to get pension
in the light of the GO dated 21.07.1972 issued
u/s 34(1) of the Act of 1950, particularly when
the UP State Road Transport Corporation
Officers Service (General) Regulations, 1998
came into operation.

Headnotes
(A) Service law - Pension - Entitlement -
Petitioners were appointed as Assistant
Regional Manager between 1986 to 1990
in State Road Transport Corporation -
Pension was claimed to be granted under
the GO dated 21.07.1972 - Application of
UP State Road Transport Corporation
Officers Service (General) Regulations,
1998 felt into consideration :
Held : The declaration made in very beginning
of Regulations, 1998 provides that it was in
supersession of all Government Orders on
subject, therefore, it was in supersession of the
Government Order dated 21.07.1972 also,
therefore, benefit of it, if any, to service
conditions of petitioners would come to an end
when Regulations, 1998 came into existence.
After enforcement of Regulations, 1998 the
services of petitioners would govern by its
regulations only and, therefore, in case said
regulations provides provision of pension to
services of petitioners, it would be granted,
otherwise no pension can be granted - There is
no
specific
provision
subsequent
to
commencement of Regulations, 1998 that
petitioners were entitled for pension - In
absence of any specific provision of service
regulation to grant pension to petitioners, the
relief sought cannot be granted. [Paras 55, 59
and 63 (B) and 63 (C) and 64]

(B) Service law - Constitution of India -
Article 226 - Writ - Claim of pension was
made - It's permissibility, particularly
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
311
when there is no rules - Exercise of writ
power, extent of :
Held : Pension can be claimed only when it is
permissible under the Rules or Schemes and per
contra if there is no rule to support the claim of
pension, the Writ Court cannot issue a
mandamus directing an employer to provide
pension to an employee, who is not covered
under rules - U.P. Roadways Retired Officials
and Officers Association's case of Apex court
relied upon. [Para 50] (E-1)

Case Law Cited
U.P. Roadways Retired Officials and Officers
Association Versus State of U.P. And Another,
(2024) 9 SCC 33; General Manager, Mysore
State Road Transport Corporation vs. Devraj Urs
and another, (1976) 2 SCC 862; State of
Madhya Pradesh and others vs. Shardul Singh,
(1970) 1 SCC 108; State of Rajasthan and
others vs. Mahendra Nath Sharma, (2015) 9
SCC 540 - referred to.

List of Acts
The Road Transport Corporation Act, 1950 - S.
3, 34 and 45; U.P. Road Transport Corporation
Employees
(Other
than
Officers)
Service
Regulations, 1981 - Reg. 4 and 39; U. P. State
Roadways Organization (Abolition of Posts and
Absorption of Employees) Rules, 1982 - Rules
1, 4 and 8; Uttar Pradesh State Road Transport
Corporation
Officers
Service
(General)
Regulations, 1998 - Reg. 2, 17 and 25; GO
dated 16.09.1960; GO dated 28.10.1960; GO
dated 29.05.1972; GO dated 07.06.1972; GO
dated 05.07.1972;
GO
dated
21.07.1972;
Communications
dated
23.10.2008
and
12.06.2009.

List of Keywords
History of roadways in State of Uttar Pradesh;
Temporary
department;
Public
transport;
Temporary employee; Roadway Organization;
Roadways
Corporation;
Assistant
Chief
Manager;
Assistant
regional
Manager;
Permanent
post;
Pension;
Probation;
Resolution;
Amendment
application;
Supersession; Existing regulation; Board of
Corporation;
Appointment
letter;
Selection
process;
Service
conditions;
Deputation;
Seniority;
Government
service;
Appointing
authority; Financial strength; Board of Director;
Ambiguity.
Case Arising From
Orders and resolutions of Director of Board of
Corporation rejecting the claim of pension.

Appearances for Parties
Advs. for the Petitioners : A.K. Srivastava, Samir
Sharma (Senior Adv.), Sudhir Dixit, Utkarsh
Dixit, Himanshu Agrawal
Advs. for the Respondeents : H. N. Singh,
Senior Adv., Sunil Kumar Mishra, Vinod Kumar
Pandey

(Delivered by Hon'ble Saurabh Shyam
Shamshery, J.)

Brief History of Roadways and it's
Employees in State of U.P.

1. In order to consider real controversy
involved in present case, it would be
necessary to mention few facts about
history of roadways in State of Uttar
Pradesh and for that the Court takes some
details mentioned by Supreme Court in a
judgment passed in the case of U.P.
Roadways Retired Officials and Officers
Association Versus State of U.P. And
Another : (2024) 9 SCC 33 and other
relevant facts from pleadings.

2. In 1947, Uttar Pradesh Roadways
was created as a temporary department of
State Government for providing public
transport facilities and its employees were
accordingly appointed temporarily.

3. By a Government Order dated
16.09.1960 directions were issued on
"Terms and Conditions of Service of
Temporary
Employees
in
the
U.P.
Roadways - Revisions of". For reference
said Government Order is reproduced
hereinafter :-

"G.O. No. 3014 D/XXX- 135/59
dated Sept. 16, 1960 Subject: Terms and
conditions
of
service
of
temporary
312 INDIAN LAW REPORTS ALLAHABAD SERIES
employees in the U.P. Roadways
-
Revisions of.

I am directed to say that the
question
of
revising
the
terms
and
conditions of service of the Roadways
employee,
which
is
a
nationalized
commercial undertaking and has to work in
conditions different from those prevailing
in regular government offices, has been
under the consideration of Government for
some time past.

The passenger and goods services
have to run irrespective of the fact whether
it is a Sunday or a festival. The schedule of
passenger services run by the State
Undertaking cannot be altered off an on. In
order to keep the Roadways services going
the maintenance and repairs of vehicles
has to be attend to even at odd hours at the
workshops. At present the conditions of
service of the employees of the U.P.
Government Roadways and the Central
Workshop, Kanpur are governed by the
various rules and standing orders of
Government applicable to other temporary
government servants under the rule making
powers of the Governor. In view of the
special service conditions of employees of
the Roadways it seems necessary to evolve
a new set of service conditions for its
employees which may be compatible with
the nature of work and functions of the
organization. Accordingly, in super session
of all previous orders on the subject, the
Governor has been pleased to pass the
following orders prescribed revised terms
and conditions of service of temporary
employees of the U.P. Roadways including
those detailed in para 2 below. The revised
terms and conditions of service shall be
applicable to all future entrants in the
Roadways organization and shall be
enforced
in
the
manner
mentioned
hereinafter in the case of temporary
employee including those on the work
charge strength and paid on monthly basis.

(1) All temporary employees
except those referred to in para 2 shall get
one day's rest in every period of seven days
in accordance with the rules to be framed
by Government. In case the employees is
deprived of any of the days or rest, he shall
be allowed within the same or following
month compensation holidays of equal
number of the days of rest so lost.

(2) They shall be entitled to get
one days paid holidays for every 20 days of
work performed by them during the
previous calender year, subject to the
condition that the employee has worked for
a period of 240 days or more during the
previous calender year. In case the
employees is not able to avail of full or part
of the leave admissible to him during the
calender year, it will be carried over to the
following year, subject to a maximum of 30
days. (3) They shall got five days festival
holidays in a calender year as prescribed
by Government and subject to the rules to
be framed for the purpose.

(4) They shall be paid extra
wages at the rate of twice of ordinary rate
of wages in respect of work performed by
them beyond the prescribed hours of work.

(5) Their services are liable to
termination on one month's notice on either
side, or one month's pay in lieu thereof.

(6) In other respect the conditions
of service will remain the same as at
present.

The revised terms and conditions
of services mentioned in para 1 above shall
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
313
not apply to the following category of
employees:-

(a) All employees working in the
offices establishment of the Asstt. General
Manager,
General
Manager,
Service
Manager, Chief Mechanical Engineer,
Roadways Central Workshop, Kanpur and
the Head Quarter Office of the Transport
Commissioner.

(b) Supervisory staff of the rank
of Junior Station Incharge and above on
the traffic side;

(c) Technical staff of the rank of
Junior Foreman and above on the engineer
side;

The above three categories of
Roadways staff will continue to be treated
as regular government servants and will be
entitled to the benefits admissible to any
other government servant of the same
category.

3. The Roadways and Central
Workshop employees to whom the revised
service rules are being made applicable
shall be entitled to the provident fund
benefits according to the provisions of the
Employees Provident Fund Act. For this
necessary orders have already been issued
separately in G.O. No. 1488-D/XXX
2198/59 dated July, 29, 1960. Immediate
step
may
please
be
taken
for
the
implementation of the orders issued in the
above G.O. The employees governed by the
new terms and conditions of service will
continue to get facilities for medical
treatment so far enjoyed by them. All future
entrants shall also be entitled to facilities
for
medical
treatment
admissible
to
Government servants. The canteen and rest
house facilities as may be prescribed by
government shall also be made available to
them in course of time.

4. These order shall come into
force w.e.f. October 1, 1960 and shall
apply to all future entrants in the service of
the Roadways organization and also the
existing temporary employees who accept
to continue to work on the revised terms
and conditions of service. The status of
Roadways
employees
already
made
permanent remains unaffected. All the
existing temporary employees except those
mentioned in para 2 above may be asked to
indicate in writing if the new service
conditions mentioned above are acceptable
to them. Those who accept the new terms
and conditions of service will be required
to fill in a separate acceptance for which
will be kept with their service records. If,
however, any of the employees do not
accept the new terms their services are to
be terminated in accordance with the terms
of their employment. I am to suggest that
the implications of the revised orders may
be explained to all concerned by the
General Managers and Asstt. General
Mangers and Chief Mechanical Engineer
and that necessary action may please be
intimated forthwith in order to implement
the above orders."

4. Subsequently a Government Order
dated 28.10.1960 was issued, whereby
pension was provided to employees of
three categories of Roadways Organization.
For reference the same is mentioned
hereinafter:-

"GO No. 3567-P/XXX-2198/99
dated 28.10.1960 - In continuation of G.O.
No.
30140/XXX-135-V/1959
dated
16.9.1960, I am directed to say that the
question or declaration the permanent
posts in the Roadways Organization
314 INDIAN LAW REPORTS ALLAHABAD SERIES
(including the Roadways Central Workshop
Kanpur) as pensionable has been under
consideration of Government for some time
past. In this connection, the Governor has
been pleased to order that the permanent
gazetted and non-gazetted incumbents of
the following three categories would be
entitled to the contributory 10 Provident
Fund cum Pension Rules:-

(a) The employees working in the
office establishment of the Asstt. General
Manager,
General
Managers,
Service
Managers, Chief Mechanical Engineer,
Roadways Central workshop, Kanpur and
the Headquarter office of the Transport
Commissioner.

(b) Supervisory staff of the rank
of Junior Station Incharge and above on
the traffic side.

(c) Technical staff of the rank of
Junior
Foreman and above
on
the
Engineering side.

2. The Governor has been further
pleased to order, under note 3 Below
Article 350 of the Civil Service Regulations
that the rest of the permanent non-gazetted
Employees
both
in
the
traffic
and
engineering sections of the organization,
would be treated as non-pensionable posts
referred to above, will be eligible for
Provident Fund benefits in accordance with
the provisions of the Employees Provident
Fund Act.

3. I am also to add that
Temporary Employment of the categories
mentioned in para 1 above will be entitled
to Provident fund benefits as provided
under the Employees Provident Funds Act.
As and when they became permanent, they
will
have
the
option
to
elect
the
contributory Provident Fund cum Pension
Benefits in lieu of Employees Provident
Fund.

4. As regards the grant of
Provident Fund Benefits to other temporary
and work charges employees of the
Roadways organization necessary orders
have already been conveyed to you in G.O.
No. 14880/XXX-219/59 dated 29.7.1960.

Sd/-

 Jt. Secy.

Copy
forwarded
under
U.P.
Parivahan Ayukta (Lekha) U.P. Lucknow
endorsement
NO.
C-935FA/594FA/57
dated 1.11.1960 to all the General
Managers,
Asstt.
General
Managers,
Service Managers, Accounts Officers and
all other concerned for information and
necessary action."

5. The Roadways Corporation was
constituted under Section 3 of the Road
Transport
Corporation
Act,
1950
(hereinafter referred to as "Act, 1950")
w.e.f. 01.06.1972. Section 3 of the Act,
1950 is mentioned herein after:-

"3.
Establishment
of
Road
Transport Corporations in the States. -The
State Government having regard to-

(a) the advantages offered to the
public,
trade
and
industry
by
the
development of road transport;

(b)
the
desirability
of
coordinating any form of road transport with
any other form of transport;

(c) the desirability of extending
and improving the facilities for road
transport in any area and of providing an
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
315
efficient and economical system of road
transport service therein,

may,
by notification
in
the
Official
Gazette,
establish
a
Road
Transport Corporation for the whole or
any part of the Union territory of Delhi
under such name as may be specified in the
notification."

6. State Government has issued
Government Order dated 29.05.1972
wherein name of existing posts and
name
of
corresponding
posts
in
Corporation were mentioned. Earlier
post by the name of Assistant Chief
Manager was referred as Assistant
Regional Manager in Corporation. In
November, 1978 Corporation appointed
some persons on newly created posts of
Assistant Regional Manager and it is
claimed
that
said
posts
were
pensionable.

7. The State of U.P. issued a
Government
Order
dated
07.06.1972,
where by all the employees of erstwhile
Roadways holding permanent posts as per
earlier referred Government Order dated
28.10.1960 were declared entitled for
pension, except following five categories of
employees:

"(i) Those working on daily
wages;

(ii) Those appointed on ad-hoc
basis;

(iii)
Those
who
had
not
completed
minimum
service
period
prescribed for the post;

(iv) Those holding posts which
were not declared pensionable;

(v) Those who had been removed
from service after departmental inquiry and
those had been found guilty of criminal
charges."

8. The State of U.P. issued a
Government Order dated 05.07.1972 on a
subject "Constitution of Uttar Pradesh State
Road Transport Corporation and merger of
the Officers/Employees of the Transport
Organization". For reference the same is
extracted hereinafter :-

"No. 3414/TEES-2-170 N/72

Sender

Shri Girija Prasad Pandey

Commissioner & Secretary

Government of Uttar Pradesh

To

Chief Manager

Uttar
Pradesh
State
Road
Transport Corporation Lucknow

Dated: Lucknow July 5, 1972

Transport Section-2

Sub:
Constitution
of
Uttar
Pradesh State Road Transport Corporation
and merger of the officers/employees of the
Transport Organisation.

Sir,

After
merger
of
the
officers/employees working under Uttar
Pradesh
Roadways
with
State
Road
Transport Corporation, in connection with
merger of services under the Corporation, I
have been directed to issue the following,
amending the Government order no.
3000/30-2-1 70/72 dated June 7, 1972:

(1) According to the provision of
para (1) (A) of the above Government
order, all those permanent or temporary
316 INDIAN LAW REPORTS ALLAHABAD SERIES
officers/employees
who
before
the
constitution of State Road Transport
Corporation were in the services of State
Roadways,
their
services
would
be
considered
in
the
Corporation
on
deputation. For this deputation no period is
being fixed now.

(2) The State Road Transport
Corporation has under section 45 of the
Transport Corporation Act have not made
rules about the service conditions till now
in connection with the officers and
employees under it. Therefore, leaving the
above discussed Annexure 1 (1) A of the
above Government order dated June 7,
1972, the remaining annexures would be
considered dismissed. But whenever the
Corporation would make rules regarding
service conditions, then in them this
assurance of the Government would be
included that the service condition of the
officers/employees under the Corporation
in
any
condition
would
not
be
contemptuous than those conditions which
were available to them under the Uttar
Pradesh
State
Roadways
and
their
government service period, their seniority
under the corporation, promotion, fixation
of pay, right concerning leave and financial
benefits would be considered in that way
only as they would have remained in their
being in government service.

Yours faithfully

(Girija Prasad Pandey)

Commissioner & Secretary

No. 2114 (1)/Tees-2-170N/72

Copy submitted to Accountant
General, Government of Uttar Pradesh,
Allahabad, for information and necessary
action.

By order,

(Bhagwan Swaroop Saxena)

 Dy. Secretary

No. 3414(2)/Tees-2-170N/72

Copy submitted to the following
for information: -

(1)
Transport
Commissioner,
Uttar Pradesh, Lucknow.

(2)
Finance
(Expenditure-7)
Section

By order,

(Bhagwan Swaroop Saxena)

 Dy. Secretary"

9. The State of U.P. issued a
Government Order dated 21.07.1972 under
Section 34(1) of Act, 1950 on a subject in
regard to selection procedure of posts under
Road Transport Corporation. Section 34 of
Act, 1950 and contents of Government
Order dated 21.07.1972, being much
relevant for the purpose of adjudication of
the present case, are extracted hereinafter:-

"34. Directions by the State
Government.-(1) The State Government
may, after consultation with a Corporation
established by such Government, give to
the Corporation general instructions to be
followed by the Corporation, and such
instructions may include directions relating
to the recruitment, conditions of service
and training of its employees, wages to be
paid to the employees, reserves to be
maintained by it and disposal of its profits
or stocks.

(2) In the exercise of its powers
and performance of its duties under this
Act, the Corporation shall not depart from
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
317
any general instructions issued under subsection (1) except with the previous
permission of the State Government."

Government
Order
dated
21.07.1972

"सं0 3123/30/1/19एन/72

श्री भगवान स्वरूप सक्सेना,

उप सचिव,

उत्तर प्रदेश शासन ।

सेवा में,

प्रधान प्रबन्धक,

उत्तर प्रदेश राज्य सड़क पररवहन चनगम,

लखनऊ।

चदनांक: लखनऊ: जुलाई 21, 1972

पररवहन अनुभाग-1

चवषयः- राज्य सड़क पररवहन चनगम में पदो के ियन
सम्बन्धी प्रचकया।

महोदय,

आपके पत्र संख्या 40/सचिव/72, चदनांक 28
जून, 1972 के संदभभ में मुझे यह कहने का चनदेश हुआ है चक रोड
ट्रान्सपोर्भ कारपोरेशन एक्र् 1950 की धारा 34 (1) द्वारा प्रदत्त
शचियों का प्रयोग करने, राज्याल, उत्तर प्रदेश सडक पररवहन चनगम
से पुरामशभ करने के उपरान्त एतद्वारा यह चनदेश देते है चक 01
जून, 1972 के पश्चात चनगम द्वारा अपने सेवा चनयम तैयार करने
तक, रचडवेज के उन पदो के चलए, जो चनगम के गठन के पूवभ
लोक सेवा आयोग की पररचध में थे, चनयुचि आचद के चलए
अहभताए तथा अन्य सेवा शते वही बनी रहेगी जैसी चक चनगम की
स्थापना के पूवभ उत्तर प्रदेश राजकीय रोडवेज में थी। नये या ररि
पदों पर ियन के चलए पदों की भती चवज्ञचि पर चनगम द्वारा
स्थाचपत ियन सचमचत, अभ्यचथभयों का ियन कर चनगम को
चनयुचि के चलए संस्तुचत करेगी।

 भवदीय,

ह०/ भगवान स्वरूप सक्सेना,

उप सचिव ।

संख्या- 3123 (1)/30- त‌चदद्दनांचकत

प्रचतचलचप चनम्नचलचखत को सूिनाथभ एवं आवश्यक
कायभवाही हेतु प्रेचषतः-

1. महालेखाकार, उत्तर प्रदेश, इलाहाबाद।

2. पररवहन आयुि, उत्तर प्रदेश, लखनऊ।

 ह०/-

 भगवान स्वरूप सक्सेना,

उप सचिव ।"

10. In exercise of power under Section
45(2)(c) of Act, 1950 the State of U.P.
framed U.P. Road Transport Corporation
Employees (Other than Officers) Service
Regulations, 1981 (hereinafter referred to
as "Regulations, 1981"), whereby service
provisions were framed for the employees
of the Corporation. Section 45 of Act, 1950
and Regulations 4 and 39 of Regulations,
1981, being relevant, are reproduced
hereinafter:

"45. Power to make regulations.-
(1) A Corporation may with the previous
sanction of the State Government, make
regulations, not inconsistent with this Act
and the rules made thereunder, for the
administration of the affairs of the
Corporation.

(2) In particular, and without
prejudice to the generality of the foregoing
power, such regulations may provide for all
or any of the following matters, namely:--

(a) the manner in which, and the
purposes for which, persons may be
associated with the Board under Section
10;

(b) the time and place of meetings
of a the Board and the procedure to be
318 INDIAN LAW REPORTS ALLAHABAD SERIES
followed in regard to transaction of
business at such meetings;

(c) the conditions of appointment
and service and the scales of pay of officers
and other employees of the Corporation
other than the Managing Director, the
Chief Accounts Officer and the Financial
Adviser or, as the case may be, the Chief
Accounts Officer-cum-Financial Adviser;

(d) the issue of passes to the
employees of the Corporation and other
persons under Section 19;

(e) the grant of refund in respect
of unused tickets and concessional passes
under Section 19;

(f) the period after the expiration
of which unclaimed articles or goods may
be sold by public auction;

(g) the regulation of the carriage
of passengers and goods in the road
transport services of the Corporation."

"4. Option by the employees of
the
erstwhile
Government
Roadways
Department and other employees. - (1) An
employee of the erstwhile U.P. Government
Roadways Department who was placed on
deputation with the Corporation and who
has or is deemed to have offered for
absorption
in
the
Service
of
the
Corporation in accordance with Rule 4 of
the
Uttar
Pradesh
State
Roadways
Organisation (Abolition of Posts and
Absorptions of Employee) Rules, 1982 (
hereinafter referred to as the said,
Rules), shall with effect from August 28,
1982, sand so absorbed, and shall,
accordingly cense to be an employee of
the State Government with effect from the
said date.

Provided that the terms and
conditions of service of the employees so
absorbed in the Service of the Corporation
shall, subject to the provisions of G.O. No.
3414/XXX-2-170- N-72, dated July 5, 1972,
and the said rules be governed by these
regulations.

(2) (i) Existing employees, who
are not covered by sub- regulation (1) or
those who are not exempted under
Regulation 2, shall within one month of the
commencement of these regulations, inform
the appointing authority or such authority
as the General Manager may in this behalf
appoint whether or not they want to be
governed by these regulations.

(ii) If they opt or fail to exercise
their option for being governed by these
regulations, their terms and conditions of
appointment, so far as they are inconsistent
with
these
regulations,
shall
stand
rescinded:

Provided that, in respect of
workmen where any of the provisions of
these regulations is less favourable than
the provisions of the U.P. Industrial
Disputes Act, 1947, the Payment of Wages
Act, 1936, the Minimum Wages Act, 1948,
the Factories Act, 1948 or of any other Act
applicable to them, the provisions of such
Act shall apply.

(iii) If such persons do not opt for
being governed by these regulations, their
services may be terminated in accordance
with the terms of their appointment."

"39.
Pension
and
other
retirement benefits-(1)(i) Subject to the
provisions of clause (ii) of this sub-
regulation, an employee of the Corporation
shall not be entitled to pension, but he shall
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
319
be entitled to the retirement benefits
mentioned in sub-regulation (2).

(ii) A person, who was the
employee of the State Government in the
erstwhile U.P. Government Roadways and
has
opted
for
the
service
of
the
Corporation, shall be entitled to pension
and other retirement benefits in terms of
the G.O. No.3414/302-170-N-72, dated
July 5, 1972.

(iii) Such employees who have
come in the service of the Corporation
on pensionable posts on 1st June, 1972
or after that and now those posts have
been declared non-pensionable under
this
Rule;
the
Corporation
would
contribute in the Provident Fund of such
employees
as
desired
under
the
provisions of Employees Provident Fund
Scheme, 1952.

(2) Without prejudice to the
provisions of sub- regulation (1) an
employee (including an employee who was
in the service of the State Government in
the erstwhile U.P. Government Roadways
Department), shall be entitled to the
following retirement benefits:

(i) Employees Provident Fund or
the General Provident Fund, as the case
may be;

(ii) Gratuity in accordance with
the Payment of Gratuity Act, 1972 or the
relevant Government Rules, as may be
applicable;

(iii) Amount due under Group
Insurance Scheme, 1976;

(iv) One free family pass in a
year for journey within the State;

(v) A free family pass for his
return to his home from the place of
posting at the time of retirement in case he
does not accept railway fare;

(vi) Any other benefit that may be
allowed by the Corporation from time to
time. "

11. Rules 1, 4 and 8 of "The Uttar
Pradesh State Roadways Organization
(Abolition of Posts and Absorption of
Employees) Rules, 1982"
(hereinafter
referred to as "Rules, 1982"), being
relevant, are reproduced hereinafter:

"1.
Short
title
and
commencement.- (1) These rules may be
called the Uttar Pradesh State Roadways
Organisation (Abolition of Posts and
Absorpotion of Employees) Rules, 1982.

(2) They shall come into force at
once."

"4. Option to employees and
absorption in Corporation service.-(1) An
employee of the U. P. State Roadways
Organisation,
who
was
placed
on
deputation with the Corporation and who
does not wish to be absorbed in the service
of the Corporation, shall, within 3 months
from the notification of these Rules in the
Gazette,
intimate
the
Secretary
to
Government in the Transport Department
that he does not wish to be so absorbed.

(2) Every other employee who
does not give an intimation, in accordance
with sub-rule (1), shall be deemed to have
exercised his option for absorption in the
service of the Corporation.

(3) An employee, who is deemed
to have opted for absorption in the service
320 INDIAN LAW REPORTS ALLAHABAD SERIES
of the Corporation, in accordance with
sub-rule (2), shall stand so absorbed with
effect from the date of expiry of three
months from the date of notification of
these rules and his service under the State
Government shall, with effect from the
same date cease."

"8.
Consequences
where
employee is absorved in the service of the
Corporation.--(i) Leave account of the
employee shall be transferred to the
Corporation and the Corporation shall not
be entitled to receive any contribution or
compensation on this account from the
Government.

(ii) Government shall bear the
liability for pension, (which does not
include family pension), and for gratuity,
(if
admissible
to
an
employee),
in
proportion to the qualifying service in the
Government rendered by an employee
before the date of his being placed on
deputation with the Corporation, the entire
liability for family pension shall be borne
by the Corporation.

(iii) Employees provident fund
scheme.--In respect of an employee who did
not hold any pensionable post but was a
member of an Employee's Provident Fund
Scheme, the liability for contribution
required to be made by an employer, for
the period prior to 1-6-1972 shall be that of
the Government and with effect from 1-61972, it shall be that of the Corporation.

(iv) An employee shall, from the
date of his absorption, cease to subscribe
to his General Provident Fund account, if
any, under the State Government and the
amount to his credit in the fund, together
with interest thereon, according to rules till
the month preceding the date of transfer of
his account shall be transferred to his new
account
to
be
opened
under
the
Corporation."

12. In the year 1986, Corporation on
basis of parameters determined by a report
submitted
by
Pallavan
Transport
Consultancy Services for determination of
number of Officers required in comparison
to numbers of bus services, a considered
proposal was prepared by Corporation for
creation of 135 temporary posts of
Assistant Regional Manager, which was
adopted in the 98th meeting of the Board of
Directors of Corporation and accordingly
Corporation by an order dated 17.10.1986
created referred posts on temporary basis.
The 'Proposal', it's 'Adoption' and 'Order'
are reproduced hereinafter :-

Proposal

"चनगम के पुनभगठन के सन्दभभ में चवचभन्न चवधाओं के
सहायक क्षेत्रीय प्रबन्धक स्तर के 135 पदों के सृजन का प्रस्ताव ।

उत्तर प्रदेश राज्य सड़क पररवधन चनगम के कायभ
कलापों की चवकेन्रीय कृत चकये जाने के उद ‌देश्य से चनगम की
चवचभन्न क्षेत्रीय इकाइयों / जोनल इकाइयों को चत्र स्तरीय सूचि से दो
स्तरीय सूचि में पररवचतभत चकये जाने का प्रस्ताव चनदेशक मंडल की
96 वीं वैठक में प्रस्तुत चकया गया था। चनदेशक मन्डल ने संकल्प
संख्या 1480/86 द्वारा उि का पररक्षण कर संस्तुचत करने हेतु एक
उप सचमचत का गठन चकया था। उप सचमचत द्वारा अपनी बैठक
चदनांक 2-6-06 में प्रोजेक्र् ररपोर्भ का चवस्तारपूवभक अध्ययन करने
के उपरांत संशोधनों सचहत योजन का चियान्वन करने हेतु अचतररि
पदों के सृजन चकये जाने का प्रस्ताव शासन को अग्रताररत करने की
अनुमचत प्रदान की गयी थी। उप सचमचत के उि चनणभय का अनुमोदन
चनदेशक मण्डल ने अपनी बैठक चदनांक 20-6-86 में संकल्प
संख्या 1498/86 द्वारा चकया था। चनदेशक मण्डल के
अनुमोदनोपरांत 6 प्रधान प्रबन्धक, 18 उप प्रधान प्रबन्धक, 42
क्षेत्रीय प्रबन्धक एवं 135 सहायक क्षेत्रीय प्रबन्धक स्तर के
अचधकाररयों के पदों के सृजन का प्रस्ताव शासन को अग्रसाररत
चकया गया था। शासन स्तर पर चवस्तारपूवभक चविार चवमशभ के मध्य
यह इंचगत चकया गया की शावभजचनक उद्यम चवभाग के द्वारा जारी
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
321
शासनादेश संख्या 306/44-2- उपं वे०रर०/1983 चदनांक 310-83 के िम में जारी शासनादेश संख्या 456 / िौवालीस/285 चदनांक 15-4-85 के अंतगभत चनदेशक मण्डल ऐसे समस्त
पदों चजनका अचधकतम वेतन रुपया 1770/- से कम है, का सृजन
तथा ियन करने हेतु सक्षम है। शासन स्तर से उपरोि जानकारी चदये
जाने के उपरांत अब इन पदों के सृजन की औपिाररक स्वीकृचत
चनदेशक मण्डल द्वारा ही दी जानी है। अतएव चनदेशक मण्डल से
अनुरोध है चक 135 सहायक क्षेत्रीय प्रबन्धक स्तर के अचधकाररयों
(वेतनमान रुपया 900-1770) के पदों के सृजन चकये जाने के
प्रस्ताव पर चविार कर चनणभय लेने की अनुकम्पा करें ।

उल्लेखनीय है चक पल्लवन ट्रांसपोर्भ कंसल्र्ेन्सी
सचवभसेस द्वारा 0.07 अचधकारी प्रचतशत की आवश्यकता का
मानदंड चनधाभररत चकया है। उसके चवपरीत पररवहन चनगम में इस
समय 0.03 अचधग्रारी प्रचत बस कायभरत है। स्पष्टतः देश के
अन्य बड़े पररवहन चनगमों जैसे आंध्र प्रदेश, मध्य प्रदेश, गुजरात
एवं कणाभर्क पररवहन चनगमों की तुलना में यह अनुपात बहुत ही
कम है। आंध्र प्रदेश में यह अनुपात 0.07, महाराष्ट्ट्र में 0.06,
गुजरात में 0.06, कणाभर्क में 0.75 है। उत्तर प्रदेश राज्य
सड़क पररवहन चनगम में स्र्ाफ अचधकारी अनुपात 1.70
कमभिारी प्रचत अचधकारी आता है जब चक अन्य बड़े पररवहन
चनगमों में यह लगभग 1.10 से लेकर 1.20 के बीि में है।
उपरोि पररप्रक्ष्य में ही 135 पदों के सृजन चकये जाने का
प्रस्ताव प्रस्तुत चकया जा रहा है। उपरोि पर होने वाले ब्यय का
प्राचवधान आंचशक रूप से वषभ 1986-87 के आय ब्यय में
चकया गया है तथा कमी पड़ने पर 86-87 के पुनरीचक्षत बजर्
में शेष धनराचश का प्राचवधान कर चलया जायेगा ।

चनदेशक मण्डल से अनुरोध है चव उपरोि प्रस्ताव का
अनुमोदन प्रदान करने की अनुकम्पा करे।

चव0 के0 दीवान

प्रबन्ध चनदेशक

संकल्प

चनदेशक मण्डल ने चविारोपरांत सहायक क्षेत्रीय
प्रबन्धक स्तर के चवचभन्न चवधाओं के 135 पदों के सृजन चकये जाने
की अनुमचत प्रदान की।"

Adoption

"मद संख्या । : चनगम के पुनगभठन के सन्दभभ में
चवचभन्न चवधाओं के सहायक क्षेत्रीय प्रबन्धक स्तर के 135 पदों के
के सृजन का प्रस्ताव ।"

Order

"कायाभलय प्रबन्धक चनदेशक,

 उत्तर प्रदेश पररवहन चनगम, लखनऊ
।

संख्या 6466 सीएिक्यू/86/540 सीएिई/85
चदनांकः अक्र्ूबर 17, 1986

कार्ाालर् आदेश

उत्तर प्रदेश सड़क पररवहन चनगम चनदेशक मंडल की
98वीं बैठक चदनांक 29-8-96 के संकल्प संख्या 1518/86
के चनणभय के अनुसार सहायक क्षेत्रीय प्रबन्धक स्तर के 135 पदों
को अस्थाई रूप से चदनांक 28-2-87 तक के चलए वेतनमान
रुपया 900-40-1100-50-1350-60-1770 में सृचजत
चकया जाता है।

(वी०के० चमत्तल)

प्रबन्ध चनदेशक"

13. All petitioners were appointed
against referred created posts initially on
temporary basis on probation on different
dates between 1986 to 1990 and got retired
between 2013 to 2023, except one
petitioner who will retire on 30.11.2026.
Copy of appointment letter of Petitioner-1
is annexed alongwith this writ petition and
condition no. 2 thereof being relevant is
mentioned hereinafter:

"2-श्री रायजादा की सेवाएं रोड ट्रांसपोर्भ कारपोरेशन
एक्र् 1950 के अंतगभत बनायी जाने वाली सेवा चवचनयमावली के
अधीन होगी और जब तक उि सेवा चवचनयमावली अचन्तम रूप से
लागू नहीं हो जाती तब तक उनकी सेवाएं शासन के उन चनयमों के
अधीन होगी जो सरकारी सेवकों पर लागु होती हैं।"
322 INDIAN LAW REPORTS ALLAHABAD SERIES

14. During the service of petitioners,
U.P. State Road Transport Corporation
(hereinafter referred to as "UPSRTC")
with
previous
sanction
of
State
Government
in
exercise
of
powers
conferred by Clause (c) of sub-section (2)
of Section 45 of Act, 1950 and in
supersession of all exiting regulations and
orders on the subject makes the Uttar
Pradesh State Road Transport Corporation
Officers Service (General) Regulations,
1998
(hereinafter
referred
to
as
"Regulations, 1998"), for regulating the
conditions of service of officers appointed
to UPSRTC. Relevant Regulations 2, 17
and 25 are extracted hereinafter:-

"2.
Application.-
Except
as
otherwise expressed or implied, these
regulations with such amendments or
modifications, as may be made by the
Board from time to time, shall apply to the
officers who stood absorbed or have opted
for service under the Corporation and to
the officers appointed by the Corporation
on or after first day of June, 1972
whether:-

(a) in a substantive capacity, or

(b) in an officiating capacity
against a regular vacancy, or

(c) on adhoc basis, or

(d)
in
any
other
capacity
whatsoever."

"17. Superannuation/Retirement
Benefits.- The Board may decide as to the
type of provident fund to be established for
the welfare of the officers, namely,
Contributory Provident Fund, Employees
Provident Fund and Family Pension
Scheme or General Provident Fund and/or
Family Pension Scheme. The officer's
contribution, the employer's contribution,
the method of deduction, regulations
regarding withdrawal shall be such as may
be provided in the specific regulations
prepared and approved by the Board for
the establishment and operation of such
provident fund schemes."

"25. Effect of Enforcement of
these regulations.-(1) These regulations
shall apply to all the officers of the
Corporation who are in the service of the
Corporation
on
the
date
of
the
commencement of these regulations and to
those who join the said service after such
commencement.

(2) The officers who are in the
service of the Corporation shall give an
undertaking within a month from the date
of the commencement of these regulations
that they have read and understood the
regulations and accept the same. On
refusal to accept these regulations, the
Appointing
Authority
may
consider
termination of their employment on the
basis of the terms and conditions of the
employment. All the officers who join the
said service after such commencement shall
be required to give the said undertaking
before
joining
the
service
in
the
Corporation."

15. The State Government issued a
Government
Order
dated
20.10.2004,
whereby an order was passed in regard to
pension to employees appointed between
01.06.1972
to
19.06.1981,
when
Regulations, 1981 were enforced. The same
is mentioned hereinafter:

"चवषय-उत्तर प्रदेश राजकीय रोडवेज संगठन के
स्थान पर चदनांक 01-06-1972 को उत्तर प्रदेश राज्य सड़क
पररवहन चनगम के गठन के फलस्वरूप चदनांक 01.06.1972 से
9 All. Sandeep Raizada & Ors. Vs. State of U.P. & Ors.
323
चदनांक 28.7.1982 के मध्य उत्तर प्रदेश राज्य सड़क पररवहन
चनगम में चनयुि काचमभको को पेंशन की अनुमन्यता के सम्बन्ध।

महोदय

उपयभि चवषय पर मुझे यह कहने का चनदेश हुआ है
चक उत्तर प्रदेश राज्य सडक पररवहन चनगम मुख्यालय लखनऊ के
पार्श्ाभचकंत पत्रों में प्राि प्रस्ताव पर सम्यक रूप में चविार चकया गया
और यह चनणभय चलया गया है चक उत्तर प्रदेश राज्य सड़क पररवहन
चनगम में चदनांक 01-06-1972 से उत्तर प्रदेश राज्य सडक
पररवहन चनगम कमभिारी (अचधकाररयों से चभन्न) सेवा
चवचनचयमावली 1981. जो चदनांक 19-06-1981 को प्रवृत्त हुई
है, के मध्य ऐसे पद जो उत्तर प्रदेश राजकीय रोडवेज' संगठन में
चदनांक 01-06-1972 के पूवभ पेंशनीय थे, पर चनयुि काचमभकों
को पेंशन की अनुमन्यता पर शासन को कोई आपचत्त नहीं है और
उि सेवा चवचनयमावली- 1981 के चवचनमय-39(1) (एक) के
प्राचवधान के अन्तगभत चदनांक 19-6-1981 से पररवहन चनगम में
चनयुि काचमभकों को पेंशन अनुमन्य नहीं होगा।

2- उि काचमभको के पेंशन पर होने वाले समस्त
व्य्यभार का वहन उत्तर प्रदेशस राज्य सड़क पररवहन चनगम द्वारा
अपने संसाधनों से स्वयं चकया जायेगा एवं पेंशन का भुगतान पररवहन
चनगम द्वारा अपने माध्यम से कराया जायेगा और इसका कोई भी
अंश राज्य सरकार द्वारा वहन नहीं चकया जायेगा।