MAJOR M R PENGHAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Out of these two Civil Appeals before us, Civil Appeal 556 of 1998 arises out of the judgment and order dated 18-12-1995 passed by the High Court of Judicature at Bombay in Writ Petition No. 2923 of 1995 filed by the appellant, whereby the High Court dismissed the Writ Petition on the ground that it has no jurisdiction to entertain the writ petition. Whereas, Civil Appeal No. 557 of 1998 arises out of the judgment and order dated 31-1-97 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in Original Application No. 1647 of 1996 rejecting the application of the appellant on the ground that the appellant being still in Army Service, it has no jurisdiction to decide such an application.

(2.) It appears that the Posts and Telegraphs Service Selection Board issued an advertisement inviting application to fill in 1200 vacancies of clerks in the Posts and Telegraphs Department. The appellant herein, in response to the said advertisement, submitted an application to appear in the competitive examination. The appellant came out successfully in the said examination, but due to want of vacancies he could not be offered appointment in the unit of his choice. However, by a memorandum dated 31st October, 1962 he was informed that the Postal Department required a number of clerks for enrolment on deputation in the Indian Army Postal Service and if he was willing to accept the offer he should communicate his willingness by a telegram to be followed by a confirmation in writing. The condition mentioned in the aforesaid memorandum for the said offer of appointment is reproduced below:-

(3.) The appellant accepted the offer of appointment and consequently he was posted as a civilian in the Army Service on deputation. While working on deputation in the Army, the appellant was promoted to various higher ranks including the rank of a Major. However, the appellant was given a temporary Commission in the Army. Subsequently, the appellant alleged that he was entitled to further promotion to the rank of Lieutenant Colonel, which he was denied. Aggrieved, he gave a representation to the Military Secretary. The appellant was informed by the Military Secretary that since he was a civilian in the Army Service, he should represent to the Director General of Posts. In the meantime, the appellant was served with an order dated July 6, 1995 relinquishing his temporary Commission and repatriating him to the Department of Posts. The appellant was directed to report to the Chief Postmaster GPO, New Delhi. On receipt of the said letter, the appellant wrote a letter dated July 7, 1995 to the Chief Postmaster GPO, New Delhi whereby he sought voluntary retirement from the Department with effect from October 6, 1995 and further, he be permitted to retire voluntarily direct from the Army Postal Service without reversion to civil duties. The request of the appellant to retire voluntarily was accepted by the Assistant Postmaster General (Staff).