NIRANJAN KUMAR CHOUDARY Vs. SECURITY PRINTING

JUDGEMENT

(1.) The petitioner was initially employed as a Work Manager in the Ordnance Factory Board (for short 'the Board'), which is part of Ministry of Defence, Government of India. Thereafter, he reached the stage of Joint General Manager in that organization. In the year 2004, he was deputed for a period of three years to the India Government Mint, which recently came to be corporatised as Security Printing and Minting Corporation of India, 1st respondent herein. Even while the deputation was in force, the petitioner submitted an application for absorption in the service of the 1st respondent. In response to that, an offer was made by the 1st respondent on 18.03.2009 and the petitioner conveyed his acceptance on 23.03.2009. He has also submitted a technical resignation to his position in the Board. However, the absorption did not take place and through order, dated 15.12.2010, the 1st respondent repatriated the petitioner to his parent Department. The same is challenged in this writ petition.

(2.) The petitioner contends that while on deputation, he made efforts to get himself permanently absorbed in the service of the 1st respondent and that not only a counter offer was made to him but also he accepted the said offer. According to him, with the acceptance of the offer, the absorption is deemed to have taken place and that there was no justification for the 1st respondent in repatriating him to the parent organisation. He further submits that he would not be able to occupy an appropriate position in the Board, in the event of his being repatriated.

(3.) On behalf of the respondents, a counter affidavit is filed. It is stated that though an offer was made for the absorption of the petitioner, it was decided not to absorb him in the service, on finding certain lapses on his part. Across the Bar, it is stated that the petitioner was promoted to the Senior Administrative Grade in the Board i.e., the parent organisation.