J P GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this Writ Petition, filed in May, 1985, it has been prayed as under:-

(2.) On 31/5/1985 a Division Bench presided over by the Chief Justice had recorded that "after some hearing learned counsel states that the petitioner is willing to 90 back to C.P.W.D. and does not insist upon being absorbed in the D.D.A." Notice was issued on the basis of the statement for 18/7/1985. The DDA was directed to pay salary to the Petitioner of at least six months from April, 1984. Rule was issued on 14/11/1985 and it was recorded that "we find that the DDA has passed an order reverting the petitioner to his parent department and the petitioner is willing to join the same. Mr. Talwar says that the DDA will issue the petitioner a Last Pay Certificate (LPC). We direct the petitioner to collect the above said certificate at 11 A.M. on 25/11/1985 from the office of the Chief Engineer and report to the CPWD on the same day." The Petitioner has since retired from service.

(3.) The case of the Petitioner from the pleadings is that the Petitioner who was initially appointed as Junior Engineer in CPWD in 1952; was confirmed in 1959 and was promoted as Assistant Engineer (Civil) in 1971. His services were placed at the disposal of the DDA in public interest for a period of one year or until further orders, whichever was earlier, in terms of the Office Order dated 1/07/1976 He joined duties as Assistant Engineer (Civil) in the DDA on 16/08/1976 on terms and conditions of the deputation contained in DDA's Letter dated 15/03/1977 By Letter dated 11/03/1980 of the DDA the deputation was extended upto 15/8/1980. A copy of the Letter was endorsed to the CPWD (Respondent No.3). By Letter dated 23/03/1983 the DDA ordered the repatriation to the CPWD of the Petitioner as well as Shri G.R.Jain. It appears that the Petitioner however continued with the DDA since he was relieved of his duties as EA to Chief Engineer by DDA's Order of even date. Thereafter, the DDA's Memorandum dated 5/10/1983 to the same effect was served on the Petitioner. The Petitioner addressed a letter dated 2/11/1983 to the Chief Engineer, DDA representing against his repatriation. However, till 28/12/1983, as is evident from an order of the Chief Engineer of that date, it was not clear even in the DDA whether the Petitioner had relinquished charge in the DDA. Another Representation to the Vice chairman, DDA, dated 11/5/1984 was made by the Petitioner in which he prayed for his retention in the DDA on the compassionate grounds for two more years. It is stated in the Petition that the Petitioner continued to perform his duties and be paid his monthly salary upto 31/3/1984 by/in the DDA. This request, however, was turned down by DDA's Letter dated 28/06/1984, in which it was stated the "the question for giving him further extension for two years due to his family problems does not arise. He may seek relief on this account from Director General of Works, Central Public Works Department. It may please be noted that no representation will be entertained in future". Subsequent reminders/representations of the Petitioner were, in fact, ignored by the DDA. The CPWD also rejected the Petitioner's request for continuing in/or absorption in the DDA.