GOVERNMENT OF INDIA Vs. GEORGE PHILIP

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by special leave, has been preferred against the judgment and order dated 10.8.2005 of High Court of Kerala, by which the writ petition filed by the appellants challenging the order dated 17.9.1999 of the Central Administrative Tribunal, Ernakulam Bench, was disposed of with a direction that if Shri George Philip, respondent in the present appeal, reports for duty within a period of six months, he shall be reinstated in service but will not be entitled to any back wages and thereby order of the Tribunal which had awarded full back wages was modified.

(3.) Before dealing with the issue raised, it is necessary to mention the essential facts. The respondent herein, Shri George Philip, was working as Scientific Officer in Plasma Physics Division, Bhabha Atomic Research Centre, Trombay, Mumbai (for short 'BARC'). He applied for and was granted Commonwealth Scholarship by the Ministry of Education for advance research training in Plasma Physics. He moved an application in the prescribed proforma seeking permission of the Central Government for being given leave for two years for the said purpose. The application form contained several columns and in the column "duration and purpose of visit" it was mentioned "about two years for advance research training in Plasma Physics" and again in the column meant for aims and objects, the same thing was repeated viz. "advance research training in Plasma Physics". The department of Atomic Energy, Government of India, vide order dated 8.2.1982 granted permission to the respondent to accept the Commonwealth Scholarship for a period of two years and he was granted extraordinary leave for the said period, subject to the conditions laid down in the Ministry of Finance O.M. No.11(1)- E(B)/67 dated June 25, 1970. The order has some bearing and, therefore, it is being reproduced below :-