UNION OF INDIA Vs. VISHWA NATH PANDEY

JUDGEMENT

(1.) The respondent who was employed as Ticket Collector in the North-Eastern Railway was confirmed on that post on 6/1/1958. He was promoted as a Senior Ticket Collector in 1966 and he was confirmed on that post on 9/9/1974. The respondent applied for being allowed to proceed on deputation as Lecturer in Law in Jai Narain Degree College, Lucknow for a period of two years. His application was accepted on the conditions as laiddown in Railway Board's letter dated 11/18/12/1972. The letter also states that the respondent will deposit service contributions with the Railways regularly and that if he does not report for duty to the Railway administration after the expiry of two years his lien will be suspended and he will have no claim for employment in the Railways.

(2.) These directions are pursuant to the Railway Board's circulars in this connection dated 4/12/1968 and 7/8/1972. The Board's circular of 4/12/1968 refers to its earlier letter of 21/1/1961. In para 2 (A) of the circular of 21/1/1961, it has been laid down that railway servants should sever their connection with the Railways if selected for outside posts. The circular of 4/12/1968 sets out that the Board had under consideration, for some time past, the question of relaxing this condition in the case inter alia of permanent railway servants who are selected on the basis of their applications for posts in other central government departments/offices or public sector undertakings whether incorporated or not, which are wholly or substantially owned by the government of India or the State governments and in autonomous, semi-governmental organisations. As a result, under the circular of 4/12/1968, (i) the applications of railway servants for permanent or temporary posts in public sector undertakings whether incorporated or not, which are wholly or substantially owned by the government of India or the State governments and in autonomous semi-government organisations as well as for posts whether permanent or temporary, in central government departments/offices, may be forwarded in accordance with the instructions contained in the Board's letter dated 21/1/1961, (ii) in the case of permanent railway servants, their lien may be retained in the parent department/office for a period of two years. If the railway servant concerned is not permanently absorbed within a period of two years from the date of his appointment in the new post, he should immediately, on the expiry of the said period of two years, either resign from railway service or revert to his parent office. An undertaking to abide by these conditions may be taken from them at the time of forwarding their applications to other department/office. The circular letter stated that orders relating to incidence of leave, salary and pensionary liabilities in respect of such railway servants would follow.

(3.) The Railway Board's letter on 7/9/1972 is in continuation of the railway Board's letters of 4/12/1968 and 19-5-1972. It is also necessary to refer to a Railway Board circular of 10/9/1971 which deals with absorption of permanent railway servants in public enterprises. It provides that on absorption in a public enterprise, the optees are permitted to exercise an option within six months of their absorption for either of the following alternatives: