MANEESH SINGHAL Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) By way of this writ petition, the petitioner has assailed the order of Central Administrative Tribunal (hereinafter referred as the Tribunal) dated 14.10.2008 dismissing his Original Application (OA No. 1106/2007) challenging the order passed by the second respondent directing the petitioner to report back to his Cadre Controlling Authority w.e.f. 01.06.2007.

(2.) The petitioner had been working on a Group B post after his selection to Indian Information Service (IIS) in the pay scale of Rs.6500-10500/- under Ministry of Information and Broadcasting (Union of India). He applied for the post of Editor on the basis of an advertisement issued by Union Public Service Commission (UPSC) dated 26.07.2003 - 01.08.2003 in the Employment News. The said post was in the pay scale of Rs.10000-15200/-. He was selected for the said post and was appointed vide letter dated 15.04.2004. The terms and conditions of his service are enumerated as under:

(3.) The petitioner joined respondent No.3 on the basis of the aforesaid appointment. However, after expiry of two years but before the expiry of three years vide letter dated 01.06.2007, the petitioner was directed to report back to his parent cadre. It is this order, which was assailed by the petitioner before Central Administrative Tribunal inasmuch as a representation made by him to Lt. Governor of Delhi for cancellation of the aforesaid order was not replied to. Before the Central Administrative Tribunal, it was submitted that the respondents had not issued any order extending the probation of the petitioner by 03.06.2006, when he completed two years of his service, during which period nothing adverse had been alleged against him. The petitioner should, therefore, be considered to have been automatically confirmed in the service.