SAMIR KUMAR MAJUMDER Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners have challenged the judgment and order of the Central Administrative Tribunal, Calcutta Bench, in O.A. No. 317 of 2003. The Tribunal had dismissed the Original Application and held that the petitioners were not entitled to be reinstated in service. The petitioners were all employed by the Geological Survey of India (hereinafter referred to 'GSI') after the organisation started geological operations in Bhutan. However, the petitioners' appointment was temporary with the condition that their services would be terminated as soon as a Bhutanese candidate was available to perform the same work. The appointment order specifically mentioned that they would not be treated as employees of the GSI, but would be paid salary and allowances as admissible to the "local recruits" of the Royal Government of Bhutan. The appointment order also indicated that the petitioners would have no claim for counting their seniority or retention in service with the GSI after the Bhutan scheme was over; they would not be treated as regular cadre of the GSI.

(2.) The operations in Bhutan were closed consequent upon a policy decision of the Government of India and Government of Bhutan. The petitioners found that their services would be terminated and therefore, filed O.A. No. 1457 of 1999 seeking pensionary benefits at par with other employees of the GSI in accordance with the Central Civil service (Pension) Rules, 1972. They also claimed consequential benefits like leave and other allowances.

(3.) That Original Application was dismissed by the Tribunal on 11th October, 2002. The Tribunal observed that though the petitioners did not have any legal claim to the benefits sought, it was necessary for the Government to take a 'humanistic' approach considering the long period of service rendered by the petitioners in a foreign land.