MAHANAGAR TELEPHONE NIGAM LTD Vs. BALBIR GULIA

JUDGEMENT

(1.) Challenging the order dtd. 12/3/2013 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as "Tribunal") in Original Application No. 2455/2012 (hereinafter referred as "OA"), the present writ petition has been filed under Article 226 of the Constitution of India. The learned Tribunal allowed the OA of the respondent for counting his past service rendered in Central Industrial Security Force (hereinafter referred as "CISF").

(2.) To the extent necessary, we shall narrate the facts that the respondent joined CISF in the rank of Assistant Sub-Inspector (Sports) with effect from 1/10/1993 and continued to work till 20/5/2000. Petitioner No. 1 opted Wrestling as one of the core games and required a Wrestling Coach for its organization. To that effect, the Regional Sports & Cultural Board (hereinafter referred as "RSCB") vide its letter dtd. 7/5/1999, inquired from CISF whether they would spare respondent"s services, if he desired to join them on "absorption basis" as he was found to be qualified/competent as a NIS Coach.

(3.) Thereafter, CISF vide letter dtd. 18/5/1999 informed General Manager (Admn.), RSCB of its no objection in allowing the respondent to join the service of petitioner no. 1 after his technical resignation from the CISF on immediate "absorption basis". In the meanwhile, petitioner no. 1 also issued a common letter dtd. 25/2/2000 to Director General Sports, Sports Authority of India, New Delhi, Director General (CISF) and Director General (BSF) requesting them to provide names of competent/qualified NIS Coach in Wrestling on "absorption basis" in the pay scale of Rs.4000.00 6000. CISF permitted the respondent to appear for an interview with petitioner no.1 on 6/3/2000 to consider him for absorption as a Wrestling Coach with them. The respondent was selected for the post of Wrestling Coach under the petitioners on adhoc basis in the IDA Scale of Rs.2780.0080- 3420-90-4500 with usual allowances as applicable to petitioners" employees from time to time subject to the Pay Protection on certain terms and conditions. Petitioners had issued Offer of Appointment dtd. 1/5/2000 to the respondent and he accepted their terms and conditions as mentioned in the letter; which are provided as under:-