JAI KISHAN BANSAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. With the consent of the parties, writ petition is taken up for hearing and disposal. Petitioner Shri Jai Kishan Bansal was working with Indo Tibetan Border Police (in short "ITBP') as a Head Constable/Plumber in the pay scale of Rs.3200-4900. The Delhi Metro Rail Corporation Ltd (in short `DMRC')-respondent no.2 issued a circular dated 22-24/6/2002 to the parent department i.e I.T.B.P. Tigri Camp notifying their requirement of "Supervisor or Non-Supervisor" in their organization. Petitioner applied in response to the circular and appeared before the Screening Committee of respondent no.2 and was selected.

(2.) Petitioner with the consent of his parent department i.e ITBP, was posted on deputation with respondent no.2 for a tenure of three to five years vide office order no.DMRC/ Estt/1573/1574/1575/2002 dated 23rd September, 2004 in the pay scale of Rs.4000-6000. Annexure P-2 gives the list of selected candidates. It carries the stipulation that deputation tenure will initially be for three years, extendable upto five years, with a chance of permanent absorption in DMRC. Petitioner had joined on 20.9.2002 as Maintainer-II in the grade of Rs.4000-6000.

(3.) Petitioner in this writ petition seeks a direction to respondent no.2 not to repatriate the petitioner to his parent department, prior to the expiry of his tenure. Directions are also sought to stay the action of repatriation of the petitioner to his parent department.