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UP Housing and Development Board’s function does not include fixing its employees’ service conditions; SC modifies 2014’s Preetam Singh verdict

Supreme Court: On the issue as to whether the determination of service conditions of the employees and officers of the Board, under the Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, 1965, is one of the statutory functions of the Board, the 3-judge bench of Sanjay Kishan Kaul, Abhay S. Oka* and Vikram Nath, JJ has upheld the decision in State of Uttar Pradesh v. Preetam Singh, 2014 (15) SCC 774 wherein it was held that fixing conditions of service of its employees does not   constitute a function of the Board. The Court, however, modified the decision to an extent to hold that the State Government can always exercise the powers under clause (nn) of sub¬section (1) Section 94 of the 1965 Act for determining the conditions of service of the officers (other than the Housing Commissioner) and employees of the Board.  If such power is exercised, those provisions of the Regulations framed under clause (f) of sub-section (1) of Section 95 which are repugnant to the Rules, shall be void.

Preetam Singh’s case trajectory

The reference

On 10.02.2020, a division bench had come to the conclusion that the view taken by this Court in Preetam Singh’s case needs reconsideration after it prima facie found that the functions of the Board contemplated under Section 15 of the 1965 Act were wide enough even to cover the act of fixing service conditions of its employees. Hence, the matter was referred to a larger bench. [(2020) 5 SCC 209]

Outcome of the ruling the present case

[State of UP v. Virendra Kumar, 2022 SCC OnLine SC 1628, decided on 25.11.2022]

*Judgment by: Justice Abhay S. Oka

For State: ASG Aishwarya Bhati

For respondents: Sr Adv Nidhesh Gupta

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