UNION OF INDIA Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This writ petition has been filed by the Union of India challenging the order dated November 28, 2014, passed by the Central Administrative Tribunal, Principal Bench, New Delhi ("Tribunal', for short) in Original Application No.4273/2013 ("OA', for short) whereby the Tribunal has allowed the OA filed by the respondent herein by stating as under:

(2.) The challenge before the Tribunal was to a memorandum dated November 13, 2013 passed by the petitioner herein rejecting the representation made by the respondent herein for counting the respondent's deputation period as Joint Deputy Director (IA) ["JDD (IA)', for short] between October 4, 2004 to April 30, 2007, for the purpose of eligibility for promotion to the post of Deputy Director (IA) ("DD (IA)', for short).

(3.) The facts as noted from the record are that the respondent was serving in the Indian Army and came on deputation with the petitioner as JDD (IA) w.e.f. October 4, 2004, initially for a period of two years which was later extended by one more year till October 3, 2007. In the meantime, the petitioner made a request for premature retirement from the Army. The request was allowed and he was relieved from service w.e.f April 30, 2007. In the meantime, the respondent had applied for re-employment on the post of JDD (IA) or any suitable post under the petitioner vide his application dated February 12/22, 2007. The respondent was offered a lower post of Assistant Director (IA) ("AD (IA)', in the pay scale of ?10000-15200/- vide Memorandum dated April 20, 2007. The respondent continued to work as AD (IA) on probation with the petitioner for two years and his services were confirmed w.e.f. April 01, 2009. He was also promoted to the post of JDD (IA) w.e.f. April 1, 2012.