ALOK VOHRA Vs. GOVT OF INDIA

JUDGEMENT

(1.) Petitioner, by this writ petition, seeks quashing of letter No. A- 35016/1/2000-Admn.II dated 5.5.2003. By the said letter, the plea of the petitioner that he be treated as being on deemed deputation with BSNL w.e.f. 1.10.2000 and his technical resignation from the post of Upper Divisional Clerk (UDC) in the cadre of BSNL w.e.f. 7.3.2003 be accepted, was declined. Petitioner being aggrieved by the aforesaid decision, seeks a direction to respondent No. 1-Department of Telecommunication (DOT) to forward his technical resignation to respondent No. 2-Bharat Sanchar Nigam Limited (BSNL), claimed to be the only Competent Authority to accept his resignation. Petitioner further seeks a direction to respondent-BSNL to absorb him from 1.10.2000 and pay the arrears of dues in pay scale and other, benefits, as applicable to BSNL from the date of his deemed absorption i.e. 1.10.2000 to the date of his being relieved for deputation to Telecom Regulatory Authority of India (TRAI) on 26.9.2001.

(2.) The relevant facts, culminating in the impugned letter datede 5.5.2003 may be noticed .

(3.) Petitioner has been appointed on 14.12.1987, as a Lower Divisional Clerk (LDC) in the DOT. He was included in the select list of 1986 of regular UDC and was to be promoted to the next post of Assistant. The Government of India in pursuance to the New Telecom Policy decided to corporatize the service provisions/functions of the DOT to the newly formed company-BSNL. It is claimed that the assets and liabilities of the DOT were transferred and employees working in various cadres were asked to exercise their option. The option form to be filled was final. Petitioner duly exercised his option on 17.9.2001 to be absorbed w.e.f. 1.10.2000 in BSNL. It is claimed that the option exercised was final. Petitioner on absorption in BSNL was to be governed by the rules, regulations and pay scales, as applicable to BSNL. In the meanwhile, on 26.9.2001, petitioner was selected as Assistant on deputation basis for a period of two years in autonomous body TRAI and he joined there as Assistant on deputation. It is claimed that in January, 2002, the staff, who opted for BSNL was absorbed with BSNL w.e.f. 1.10.2000 and all optees of BSNL were also paid arrears of differential in pay scale from DOT to BSNL, as they came on permanent strength.