D.P. MAJHI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 22.03.2011 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 3724/2010. The petitioner had challenged the repatriation order dated 12.10.2010 whereby the petitioner was repatriated by the National Highways Authority of India (NHAI) to the petitioner's parent department (Ministry of Health and Family Welfare). Currently he is working as Under Secretary in the Ministry of Human Resource Development. The only point that was urged by the learned counsel for the petitioner was that the petitioner ought to have been absorbed in NHAI as per NHAI's policy.

(2.) However, the learned counsel for the respondent drew our attention straightway to an Office Memorandum issued by NHAI on 28.11.2009. The said Office Memorandum reads as under:-

(3.) The learned counsel for the petitioner submitted that the petitioner had given his willingness on 09.12.2009. However, he was not able to show either from the copy of the O.A or from the material on record in the present writ petition that there was any willingness given by the petitioner in writing on or before 09.12.2009. The learned counsel for the petitioner was only able to point out to a letter dated 18.12.2009 a copy of which is at page 48 of the writ petition. The said letter reads as under:-