2014 (2) TMI 139

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....tters impugn the same cause of action. None appears for appellants. We have heard learned Additional Chief Standing Counsel and examined the record. Special appeals have been filed against a common judgment and order dated 10.05.2006 passed by a learned Single Judge in a bunch of writ petitions which had been preferred being aggrieved from the orders dated 08.11.2005 and 29.09.2005 issued by the Commissioner, Trade Tax U.P. Consequent upon the orders the appellants were repatriated to their parent Department, namely, the Department of Irrigation of the State Government. The aforesaid orders were issued towards a decision taken by the State Government on 23.08.2005. The appellants were initially appointed on the post of Junior Engineer....

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....ent was to be determined in accordance with their pay scales in the parent Department namely the Irrigation Department. Moreover, it was also provided that their lien on the parent Department was to continue during the transfer of their service to Trade Tax Department and was to be maintained as such. Later, an office memorandum dated 20.10.2000 was also issued, whereby the service of Junior Engineers (Mechanical) was transferred from the Irrigation Department to the Trade Tax Department. All the appellants, thus, joined the Trade Tax Department and they were designated as Trade Tax Officer Grade-II. They were also sent for training in the subject of revenue collection as trade tax and after completion of training they were given postings. ....

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....n. Thus, the orders of repatriation would amount to termination of appellants' service from the Irrigation Department also. The orders of Commissioner were passed in mid session and thus on compliance thereof, the studies of their children would be disrupted and disturbed. Learned Single Judge in Writ Petition No. 7658 (SS) of 2005 and a bunch of similar other writ petitions, on a careful scrutiny of materials, came to the conclusion that the transfer of service of the appellants from Irrigation Department to the Trade Tax Department was not on permanent basis. The maximum period specified in the transfer order was only for five years. Learned Single Judge also noticed that the appellants herein had maintained their lien in their parent Dep....