UNION OF INDIA Vs. GURLJ CHARAN DASS

JUDGEMENT

(1.) This appeal by special leave arises from the order passed by the Central Administrative Tribunal at Cuttack in T.A. No. 267/86 on May 26, 1987.

(2.) The admitted facts are that the respondent was working in Hirakund Project prior to 30th March 1960. Consequent upon the closure of the Project, offer was given to several persons including the respondent for seeking ap-pointment either in the State Service or in the Government of India service or to get retrenched. The alternative appointment in the Government project, namely, Dandakarnya Project was given to the respondent by letter dated March 9, 1960 by the Chief Admin-istrator of that project. The letter of appoint-ment read as under :

(3.) Obviously the respondent accepted the offer of appointment and in terms thereof by letter dated April 2, 1960, he was appointed temporarily as Publicity Organiser. Since deputation allowance was not paid to him, he filed a writ petition in the High Court. Consequent upon the constitution of the Tribunal, the writ petition was transferred to the Tribunal for disposal. The Tribunal has found as a fact that his continuance in Hirakund as U.D.C. was on permanent basis and that, therefore, he is entitled to the deputation allowance.