THE UTTAR PRADESH ABSORPTION OF RETRENCHED EMPLOYEES OF GOVERNMENT OR PUBLIC CORPORATIONS IN GOVERNMENT SERVICE (RESCISSION OF RULES) ACT, 2009

 

No.1233(2)/LXXIX-V-1-09-1(ka)25-2009 

Dated Lucknow,August 27,2009 

            In pursuance of the provisions of clause (3) of Article 348 of the 
Constitution the Governor is pleased to order the publication of following 
english translation of the Uttar Pradesh Sarkariya Sarvajanik Nigamon Ke 
Chhtanisihuda Karmchariyon Ka Sarkari Seva Men Aamelan (Niyamavali Ka 
Vikhandan) Adhiniyam,2009 (Uttar Pradesh Adhiniyam Sankhya 26 of 2009) as 
passed by the Uttar Pradesh Legislature and assented to by the Governor on 
August 26,2009:- 

THE UTTAR PRADESH ABSORPTION OF RETRENCHED EMPLOYEES OF 
GOVERNMENT OR PUBLIC CORPORATIONS IN GOVERNMENT SERVICE 

(RESCISSION OF RULES) ACT, 2009 

 

U.P. Act No. 26 of 2009 
(As passed by the Uttar Pradesh legislature) 

AN 
ACT 

 
to provide for rescission ab-initio of the Uttar Pradesh Absorption of 

Retrenched Employees of Government or Public Corporations in 
Government Service Rules, 1991 and for matters connected therewith or 
incidental thereto. 

 
IT IS HEREBY enacted in the Sixtieth year of the Republic of 

India as follows: - 
1. This Act may be called the Uttar Pradesh Absorpotion of 

Retrenched Employees of Government or Public Corporations in 
Government Service (Rescission of Rules) Act, 2009. 

2.  In this Act, unless the context otherwise requires, - 
(a) ‘‘Absorption Rules’’ means the Uttar Pradesh Absorption of Retrenched 

Employees of Government or Public Corporations in Government Service 
Rules, 1991 published in Government notification no. 3/4/90Karmik-2-
91, dated May 9, 1991. 

(b) ‘‘Public Corporation’’ means a body corporate 
established or constituted by or under any Uttar Pradesh Act 
except a University or local authority constituted for the purpose 
of local self Government and includes a Government company 
within the meaning of section 617 of the Companies Act, 1956 in 
which the State Government has pre pondering interest. 

(c) ‘‘Rescission Rules’’ means the Uttar Pradesh Absorption 
of Retrenched Employees of Government or Public Corporations 
in Government Service (Rescission) Rules, 2003 published in 
Government notification no. 874/ka-3-2003-3/18-98, dated  
April 8, 2003.  

(d) ‘‘retrenched employee’’ means a person who has 
appointed to a post under the Government or a public 
corporation on or before October 1, 1986 in accordance with the 
procedure laid down for recruitment in the post and was 
continuously working in any post under the Government or such 
Corporation upto the date of his retrenchment due to reduction 
in, or winding up of, any establishment of the Government or the 

Short title 
 

Definitions   



 

public corporation, as the case may be, and in respect of whom a 
certificate of being a retrenched employee has been issued by his 
appointing authority. 
3. (1) The Absorption Rules which was rescinded with effect from 

April 8, 2003 by the Rescission Rules shall be rescinded and be deemed 
to have been rescinded on May 9, 1991 and consequent upon such 
rescission,– 

(a) the retrenched employees except those who were 
absorbed during the period from May 9, 1991 to April 8, 2003 
shall have no claim with regard to their absorption rules or under 
any Government orders issued in regard thereto and their right 
regarding absorption accrued under the absorption Rules shall 
be deemed terminated. 

(b) the orders of the Government issued from time to time 
prescribing the norms of absorption for retrenched employees of 
a particular Government Department or Public Corporation in 
Government Service and granting of consequential benefits 
including pay protection shall stand revoked ab-initio. 

(2) Notwithstanding such rescission,– 

(a) the benefit of absorption provided to the retrenched 
employees absorbed before April 8, 2003 under the provisions of 
the Absorption Rules, shall not be withdrawn; 

(b) the benefit of pay protection granted to the retrenched 
employees absorbed prior to April 8, 2003 shall also be 
maintained. 

(c) a retrenched employee covered by the Absorption Rules, 
but who has not been absorbed till April 8, 2003 shall be entitled 
to get relaxation in upper age limit for direct recruitment to such 
Group ‘C’ and Group ‘D’ posts which are outside the purview of 
the Uttar Pradesh Public Service Commission to the extent he 
has rendered his continuous services in substantive capacity in 
the concerned Government Department or the Public Corporation 
in completed years. 

4. The Rescission Rules, be rescinded and be deemed to have 
been rescinded on April 8, 2003. 

——— 

STATEMENT OF OBJECTS AND REASONS 

For the absorption of retrenched employees of Government or public 
corporations the Uttar Pradesh Absorption of Retrenched Employees of Government or 
Public Corporations in Government Service Rules, 1991 was framed. Many employees 
of the Government or Public Corporations who had not been declared as retrenched 
employees filed writ petitions for their absorption under the said rules in Group ‘A’ and 
Group ‘B’ posts. According to the Government policy such retrenched employees were 
not eligible to be absorbed in posts falling within the preview of the Uttar Pradesh 
Public Service Commission. During the course of time the problem of absorption of 
such employees under the aforesaid rules on posts falling within the preview of the 
Uttar Pradesh Public Service Commission grew acute. The Uttar Pradesh Absorption of 
Retrenched Employees of Government or Public Corporations in Government Service 
Rules 1991 were, therefore, rescinded vide the Uttar Pradesh Absorption of Retrenched 
Employee of Government or Public Sector Corporations in Government Service 
(Rescission) Rules, 2003. 

The State Government did not get relief in the writ petitions in the court even 
after publication of the aforesaid rules of 2003. Since it has become necessary to 

Rescission 
and saving 



replace the provisions of the aforesaid rules of 2003 by an Act of the State Legislature, 
it has been decided to enact a law to provide for the rescission ab-initio of the Uttar 
Pradesh Absorption of Retrenched Employees of Government or Public Corporations in 
Government Service Rules, 1991. 

The Uttar Pradesh Absorption of Retrenched Employees of Government or 
Public Corporations in Government Service (Rescission of Rules) Bill, 2009 is 
introduced accordingly.