UNION OF INDIA Vs. V K JAIN

JUDGEMENT

(1.) This petition is directed against the order dated 01.07.2010 passed by the Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'the said Tribunal') in O.A. No. 1280/2009. As indicated in the very first paragraph of the impugned order itself, the question for consideration in the said OA was whether an officer of the Department of Telecommunications (DoT) could withdraw his option for absorption in Bharat Sanchar Nigam Limited(BSNL) after having opted for the same. The history with regard to the employment of the respondent No. 1 is given in paragraph 2 of the impugned decision which reads as under:-

(2.) A circular dated 24.03.2005 issued by the DoT indicated the scheme for calling for options of absorption of Group 'A' officers of P&T Building Works (Group 'A') Services in MTNL/BSNL. Paragraph 9 of the said circular specifically indicated that the option once exercised shall be final and will not be allowed to be withdrawn by the concerned officer at a later stage. Paragraph 10 of the said circular indicated that the officers not exercising any option as prescribed will be deemed to have opted for Government service. It was further stipulated that conditional option shall not be accepted and any such offer shall be treated as if the officer has not exercised the option for absorption in MTNL/BSNL. Appended to the said circular dated 24.03.2005 were general terms and conditions for absorption of Group 'A' officers in MTNL/BSNL which contained similar terms. The relevant terms as mentioned in paragraph Nos. 1 to 5 are reproduced herein below:-

(3.) The respondent exercised the option of being absorbed in BSNL on 06.06.2005. At that point of time, disciplinary proceedings were pending insofar as the respondent was concerned. Before his option could be accepted, he sent a letter for withdrawal of the offer on 02.08.2006. However, that was rejected by an order dated 11.08.2006 by the DoT in the following terms:-