R A KHEMANI Vs. UOI

JUDGEMENT

(1.) The writ petitioner here questions an order dated 23.12.1985 retiring him compulsorily. The impugned order was issued by the respondent, Delhi Development Authority (hereafter "DDA"). The facts leading to the impugned order are outlined below.

(2.) The petitioner joined Class-I service in the Central Public Works Department (CPWD) on 24.4.1958; he was promoted as Executive Engineer on 2nd June, 1964. He was further promoted as Superintending Engineer on 7th September, 1970. Whilst in employment with the CPWD, the petitioner was awarded a gold medal in 1973 by the Arunachal Pradesh Government for merited service. He joined the DDA as a deputationist in May 1976, in the post of Superintending Engineer. The next year, he was promoted within the organization (i.e. DDA) as Chief Engineer. In 1978 the petitioner was repatriated to the CPWD and joined the post of Superintending Engineer.

(3.) On 27th July, 1978, the petitioner was placed under suspension; he continued to be under suspension till the order was revoked on 7th March, 1980 and the Central Government decided to post him back as Chief Engineer in the DDA. Accordingly an order was issued on 11.3.1980 appointing him as Chief Engineer in DDA. This, again, was on deputation basis. On 13th June, 1981, the petitioner was granted selection grade in his substantive post of Superintending Engineer in CPWD, even while he functioned as Chief Engineer in DDA. It appears that on 17th December, 1982 the CPWD proposed to promote the petitioner as Chief Engineer. The DDA appears to have written on 20th December, 1982 to the CPWD, requesting for the petitioner's permanent absorption within the organization, since it wanted to retain him in its services. It, also expressed no objection for his promotion as Chief Engineer (Civil) Level-II in his substantive cadre in the CPWD. Accordingly w.e.f. 19th April, 1983, the petitioner was promoted as Chief Engineer in the CPWD.