N. MUTHUSWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner an employee of Spices Trading Corporation Limited (for short 'the STCL') is before this Court questioning the correctness and legality of the communication (Annexure-R) bearing No.TB/1(1)/Dep.STCL/PAD/2018 dtd. 27/1/2021 and consequential relieving order (Annexure-S) bearing No.TB/PF61/Pad/2020-21/928 dtd. 30/1/2021 and for consequential direction to the respondents to absorb the services of the petitioner in the 2nd respondent- Tobacco Board with all consequential benefits.

(2.) Heard Sri K. Govindraj, learned counsel for the petitioner and Sri K. Jeevan, learned counsel for respondents 1 to 5. Perused the entire writ petition papers.

(3.) Learned counsel for the petitioner would submit that the petitioner was appointed as Junior Accountant by the STCL under appointment order (Annexure-A) dtd. 3/7/2007. The petitioner's probationary was declared as satisfactory and confirmed vide (Annexure-B) order dtd. 20/2/2009. While he was working at STCL, the STCL had come up with VSS scheme to its employees, in view of the fact that the STCL was under loss and was on the verge of closure. Learned counsel would bring to the notice of this Court the Official Memorandum (Annexure-F) dtd. 24/11/2017 wherein the Department of Commerce and Industry, Department of Commerce, various Boards, Councils and autonomous bodies were requested to consider for absorption of STCL employees including who have taken VSS in suitable posts. It is submitted that the Tobacco Board vide Annexure-H invited online applications to fill up the posts of Accountant/Superintendent. In pursuance to the same, the petitioner is said to have submitted application and the Tobacco Board vide Annexure-K dtd. 28/1/2019 approved deputation of the petitioner along with two other employees to the Tobacco Board for a period of two years. In pursuance to the Deputation order, the petitioner is said to have been relieved by the STCL on 7/2/2019 and the petitioner reported to duty at Tobacco Board on 8/2/2019. Learned counsel submitted that under Annexure-P dtd. 29/1/2020 as well as Annexure-Q dtd. 5/3/2020, the Department of Commerce and Industries recommended the petitioner and two other similarly situated persons for absorption into service of Tobacco Board. Inspite of such recommendation the respondent-Tobacco Board failed to consider the case of the petitioner for absorption and passed order to relieve the petitioner under impugned order (Annexure-R) dtd. 27/1/2021 and under communication (Annexure-S) dtd. 30/1/2021 relieved the petitioner. At present the petitioner is said to be working at STCL.