S N RAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India raises an interesting question, if the petitioners, who were initially working in the Posts and Telegraphs Wing of the Central Public Works Department, and whose services were eventually transferred to the newly constituted Civil Engineering Wing of the P & T Department, had been absorbed in the PAT Department and, if so, whether they could nevertheless bs repatriated to the Central Public Works Department, and in a controversy that has arisen because of an apparent conflict of interest between these offcers and the direct entrants to the Civil Engineering Wing.

(2.) Prior to July 1, 1963, the work of designing and construction of buildings required by the Posts and Telegraphs Department used to bo looked after by the Central Public Works Department in its Posts and Telegraphs Wing. The petitioners were then working in the said Wing. By a Notification of May 4,19 3, it was declared that the P & T Department would be responsible for carrying out the Civil Engineering Works and sanction was, therefore, accorded for setting up of the Civil Engineering Wing in the P & T Department (Annexure A). By a Memorandum of June 28, 1963 (Annexure B), the Chief Engineers C. P. W. D., directed that the posts and units then forming the P & T Wing in the Central Public Works Department, shall accordingly cease to be borne on the establishment of the C. P. W. D. with effect from 1st July, 1963. These posts and units will form part of PAT Department from that date". Para 3 of the Memorandum runs thus :-

(3.) According to the records of the P & T Department a Memoran lum of August 20, 1953 (Annexure) was circulated by the P&T Board in which it was pointed out that it was proposed to absorb some of the officers, who were considered suitable for absorption and a provision to that effect had been made in the draft recruitment rules, which were being framed. The Memorandum invited options from the officers for permanent absorption by August 31, 1969. The Memorandum, however, added that the question of final absorption would be considered after the recruitment rules were finalised and that the question of permanent absorption of the optees will be decided only after obtaining the concurrence of the C.P.W.D. in each individual cases. Subsequently the Board sent a confidential communication of October 22. 1969 (Page 1 10 of the correspondence portion of fileNo.lOO/80/68-STA.I) to the Engineer-in-Chief, C.P.W.D. on the subject of Permanent absorption of C.P.W.D. officers in the P & T Civil Wing pointing out that out of the 45 CPWD officers on deputation to P&T Department 28 have given unconditional option for their permanent absorption. The remaining persons have either opted conditionally or have sought clarification of some points before they exercise their option. It has been decided that in the first instance only those officers who have given a clear option may be considered for permanent absorption. A list of these officers is enclosed. I am.to request that C. R. Folders of these officers may kindly be made available as early as possible together with their individual biodata.