HARISH GUPTA Vs. UNION OF INDIA AND ANOTHER

JUDGEMENT

(1.) Exemption allowed subject to all just exceptions.

(2.) Vide order dated April 3, 2017, the petitioner has been repatriated to his parent cadre and has been directed to report to Registrar General, High Court of Punjab and Haryana Chandigarh after being relieved on April 19, 2017, which would be subject to the outcome of W.P.(C) 5733/2016. The Circular dated March 21, 2017 is for filling up of the post of the Presiding Officer of the Tribunal, New Delhi on deputation/Direct Recruitment basis and the communication dated June 3, 2016 of the Registrar General, High Court of Punjab and Haryana, was, calling upon the respondent No. 1 to relieve the petitioner to enable him to join in the Punjab and Haryana High Court at Chandigarh.

(3.) The facts, as noted from the writ petition and contended by Mr. Anil Sapra, learned Senior Counsel appearing for the petitioner are, an advertisement on August 6, 2014 inviting applications from eligible candidates for filling up the post of Presiding officer in Employees Provident Fund Appellate Tribunal, New Delhi through proper channel, was issued. The petitioner, who is an officer of Haryana Super Judicial Service also applied for the said post. The respondent No. 2 i.e. the Registrar General, Punjab and Haryana High Court forwarded the application of the petitioner to the respondent No.1. On March 10, 2015, the respondent No. 1 appointed the petitioner on the post of Presiding officer of the Tribunal, New Delhi for a period of five years with effect from the date of assumption of the charge of the post or until he attains the age of 62 years, whichever is earlier. On April 1, 2015, the respondent No. 2, the Registrar General of the High Court of Punjab and Haryana, on a consideration of the letter dated March 10, 2015 of the respondent No. 1 spared the petitioner on his appointment as Presiding Officer of the Tribunal in New Delhi on deputation basis initially for a period of one year, subject to the condition that the officer will be recalled from the deputation at any time if required.