BIPLAB KUMAR MITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ application is directed against the order dated 23rd December, 1998, passed by the Central Administrative Tribunal, Calcutta Bench, dismissing the petitioner's application, being M.A. No. 362 of 1997, for recall of the final order passed in O.A. No. 188 of 1994 on 13th June, 1997, whereby the petitioner's claim for pensionary benefits, Death-cum-Retirement gratuity and other retiral benefits, was rejected.

(2.) The writ petitioner was initially appointed as Apprentice Mechanic in the Eastern Railway with effect from 14th March, 1966, and was later absorbed as Chargeman Grade 'B' on an from 9th June, 1971. While working in the Kanchrapara workshop of the Eastern Railway as Chargeman Grade 'B', the petitioner applied through proper channel for the post of Engineer/Excavation (Mechanical) in Coal India Ltd., a Government of India Enterprise. The petitioner was released from Railway service with effect from 20th April, 1981, to enable him to join his new assignment in Coal India Ltd. with lien for a period of two years to be trained by Eastern Railway.

(3.) During the period of lien, while the petitioner was on probationary service with Coal India Ltd., he got an offer to join Andrew Yule & Co. Ltd., which was also Government of India Enterprise. According to the petitioner, he duly informed the Additional Chief Electrical Engineer, Kanchrapara Workshop of the Eastern Railway, of the aforesaid fact by his letter dated 15th November, 1981, and no objection was raised on that behalf.