UDAI PAL SINGH Vs. UOI

JUDGEMENT

(1.) AS the issue raised in these two writ petitions is common in nature, the same will be dealt with by the present common order.

(2.) VIDE order dated 19. 02. 2007 status quo was directed to be maintained in the WP (C) No. 1098/2007. Thereafter, vide order dated 04. 08. 2008, this court decided to take up the WP (C) No. 1476/2007 along with the present writ petition and also decided by the same order that this case (Udai Pal singh's case) will be the lead case. Therefore, we will mention most of the facts of this case only in this common judgment. The facts of the case are as under:-

(3.) THE petitioners herein joined Border Security Force (BSF, for short)as Constables on 10. 04. 1987 vide orders dated 06. 07. 1999 and 25. 08. 1999. The petitioners, herein, in this writ petition, was placed among other officers at the disposal of the Intelligence Bureau (IB for short) on deputation. The petitioners joined IB on 24. 09. 1999. Vide order dated 08. 07. 2005. IB, repatriated the petitioner to BSF w. e. f. 31. 07. 2005. By challenging the aforesaid repatriation order, the petitioner filed OA No. 1565/2005. During the pendency of the aforesaid OA, the repatriation order dated 31. 07. 2005 issued by the IB was stayed by the Tribunal vide order dated 22. 07. 2005. While disposing the aforesaid OA, the Tribunal gave following direction to the respondents: