JUDGEMENT
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(1.)Heard Sri Ashok Khare, learned senior counsel, for the petitioners and learned standing counsel for the respondents.
(2.)The relief prayed for is for quashing of the order dated 24th January, 2013 issued by the Director Technical Education, U.P. and the consequential order dated 31st January, 2013 whereby the petitioners have been repatriated to their parent cadre in the Subordinate Government Institutions where they had been substantively appointed.
(3.)The contention of Sri Ashok Khare is that the orders are arbitrary and illegal and inasmuch as the petitioners belong to the same cadre of employees and are governed by the same set of rules, namely, the Uttar Pradesh Technical Education Department, Ministerial Service Rules, 1986 and, therefore, there was no occasion for having passed the impugned order. He further submits that the petitioners have already been absorbed at the Directorate in the year 2005 under a valid order dated 18.3.2005 passed by the State Government itself which should be read as a relaxation in favour of the petitioner in terms of Rule 32 of 1986 Rules. It is urged that everything being same, the posting of the petitioners and their absorption at the Directorate did not require any interference.
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