UNION OF INDIA Vs. S K CHOPRA

JUDGEMENT

(1.) These two writ petitions arising out of a judgment and order dated 27.09.2000 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter for the sake of brevity referred to as, the Tribunal' ) in O.A. No. 2218 of 1998 were taken up for hearing together and are being disposed of by this common judgment.

(2.) The basic fact of the matter is not in dispute. Dr. S.K. Chopra ( hereinafter referred to as the 'writ petitioner') is said to be a highly qualified person. He was having a lucrative job in the United States of America. Allegedly, at the request of the then Hon'ble Prime Minister of India, he returned to India in the year 1980. His services have been utilized in the field of Rural Energy initially as a part-time consultant in the Planning Commission and thereafter as a whole-time consultant on a fixed fee. The Government of India created a post of Planning Commission Adviser (Rural Energy) and appointed him in the said post with the approval of A.C.C. initially on an ad- hoc basis in June, 1984 and on or about 01.06.1985, he had been posted on regular basis. The said post was an isolated post and classified as General Central Service Group 'A'. The writ petitioner allegedly initiated various programmes including one known as Integrated Rural Energy Programme (in short, 'IREP') in the Planning Commission. On or about 16.02.1987, he was appointed as Adviser (Rural Energy), Planning Commission in a substantive capacity w.e.f. 17.06.1986. In the year 1985, recruitment rules for the post of 'Adviser' in the Planning Commission were framed. According to the writ petitioner, there were posts of Adviser (Rural Energy) and Adviser (Energy), which were independent to each other and were manned by individual experts. Upgradation to the said posts being an in situ one was personal in nature. It is alleged that with a view not to stagnate him on the same grade, a higher grade of Rs.7,300/- - Rs.100/- - Rs.7,600/- w.e.f. 04.11.1992 was allowed to the writ petitioner, which was personal to him. It is not in dispute that the said grade is equivalent to the grade of Additional Secretary and such appointments are required to be made with the approval of A.C.C.

(3.) The Ministry of Non-Conventional Energy Sources (in short, 'the said Ministry') was created in the year 1993. The said Ministry sought for Government approval for bringing within its purview the said programme, namely, IREP, which had been initiated by the writ petitioner in the Planning Commission. Pursuant to or in furtherance of such request, the Deputy Chairman of the Planning Commission was requested to send the writ petitioner in the said Ministry. According to the writ petitioner, although the move was to send him on deputation, but the said programme was transferred by the Planning Commission to the said Ministry. In the year 1994, the writ petitioner was posted as Senior Adviser on the same grade, which was equal to that of Additional/Secretary in the said Ministry. Indisputably in February 1995, the said post, namely, Planning Commission Adviser (Rural Energy) was abolished as item No. 12 from the Recruitment Rules of 1988. The writ petitioner by a letter dated 07.03.1996 requested the Planning commission to take his services back as he had not been formally absorbed in the said Ministry. However, by an Office Memorandum dated 28.06.1996, the said Ministry stated :-