NATIONAL TECHNICAL RESEARCH ORGANIZATION Vs. DIPTI DEODHARE

JUDGEMENT

(1.) The present appeal has been filed by the National Technical Research Organization and others, feeling aggrieved and dissatisfied with the impugned judgment and order dtd. 8/10/2021 passed by the High Court of Karnataka at Bengaluru in Writ Petition No. 10867/2021, by which the High Court, while allowing the said writ petition preferred by the respondent herein and setting aside order dtd. 31/5/2021 passed by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (hereinafter referred to as the 'Tribunal ') dismissing O.A. No. 170/1318/2019, has directed that the order dtd. 12/2/2019 issued by the appellant(s) shall be read as an order of discharge simpliciter and that she shall be entitled to all consequential benefits including the benefit of past service that she had rendered in DRDO for computing her terminal benefits. The High Court has further made it clear that the respondent - original writ petitioner would be entitled to all such benefits as are permissible to her on the premise that she held the post of Scientist 'H ' and the last drawn pay in that post would be the criteria for settling all her benefits.

(2.) The facts leading to the present appeal in a nutshell are as under: That the respondent herein - original writ petitioner joined the services of Defence Research Development Organization (hereinafter referred to as 'DRDO ') on 12/9/1988, as Scientist 'B '. That she got periodical promotions while working with the DRDO. That on 1/7/2013, she was promoted as Scientist 'G ' and was heading the Intelligent Systems and Robotics Division in Centre for Artificial Intelligence and Robotics (for short, 'CAIR ') of DRDO at Bangalore. That in the month of January, 2018, the NTRO issued a recruitment notification to fill up two posts of Scientist 'H ' in Level 15 of the pay matrix. Initially, the notification stated that the recruitment was to be made on deputation including short term contract basis. However, subsequently, a corrigendum was published in the month of January, 2018 to fill up these posts on deputation (including short term)/absorption, failing which, on direct recruitment basis. The original writ petitioner, who was holding the post of Scientist 'G ' in Level 14 of the pay matrix at CAIR, DRDO, applied for the post of Scientist 'H ' in NTRO through her parent department, i.e., DRDO. Consequent to the approval of the Appointments Committee of Cabinet (ACC) for appointment in NTRO as Scientist 'H " dtd. 10/5/2018, the original writ petitioner was issued an offer of appointment on the terms and conditions mentioned in the offer of appointment including probation for a period of one year. On being selected and appointed as Scientist 'H ' in NTRO on direct recruitment basis, the respondent - original writ petitioner tendered her technical resignation from the post of Scientist 'G ' in DRDO, which came to be accepted on 22/6/2018 and DRDO relieved her to take up the new appointment in NTRO.

(3.) Ms. Aishwarya Bhati, learned ASG appearing on behalf of the NTRO has vehemently submitted that in the facts and circumstances of the case, the High Court has committed a very serious error in directing to treat the order dtd. 12/2/2019 as an order of discharge simpliciter.