DEPARTMENT OF TELECOMMUNICATIONS Vs. SATYA PRAKASH & ORS.

JUDGEMENT

(1.) WP(C) 2360/2015 CM Nos.4241 -42/2015 The Secretary, Department of Telecommunications, impugns the order dated 17th December, 2013 passed by the Principal Bench of Central Administrative Tribunal, New Delhi (the Tribunal) in OA No.1872/2012, whereby Ministry of Defence has been directed to grant lien to the original applicants, on the post of Upper Division Clerks (UDC), which they were holding, prior to their joining the new assignment with the petitioner.

(2.) The original applicants, nine in number, are respondents before us and are referred to as the respondents or as respondent Nos. 1 to 9. The Ministry of Defence, who were also respondents in the original application, have not filed the present writ petition and we perceive that they have accepted the said decision. The Secretary, Ministry of Defence and Department of Personnel and Training have been impleaded as proforma respondents.

(3.) The Department of Telecommunications, by way of circular dated 12th August, 2009, had invited applications for filling up vacant Group ­C posts of Lower Division Clerk, Junior Accountant and Senior Accountant. Respondent Nos.1 to 9, who were working in the Ministry of Defence as UDC, had applied and were appointed as Junior Accountants. The sole question in this petition is whether this appointment of the nine respondents as Junior Accountant statedly on permanent absorption basis in the Ministry of Telecommunications, had resulted in loss of their lien in the post of UDC. The Department of Telecommunications is of the view that respondents No.1 to 9 were permanently absorbed and have lost their lien on the post of UDC in the Ministry of Defence. Respondent Nos. 1 to 9 profess and claim to the contrary.