LAWS(ORI)-2008-7-78

KRUSHNA CH. DAS Vs. UNION OF INDIA

Decided On July 02, 2008
Krushna Ch. Das Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This Writ Petition has been filed against the impugned Judgment/ order passed on 8th July, 1997 by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 236 of 1997 filed by the Petitioner.

(2.) THE brief facts of the case are that the Petitioner was appointed as an Assistant in Central Tobacco Research Institute (in short 'C.T.R.I.') on 14.9.1983 whereas the Opposite Party No. 3 was appointed on the post of Assistant on 9.10.1984 in the office of the C.T.R.I. Similarly, the Petitioner was appointed on deputation on the post of Superintendent (Admn.) in the Central Institute of Freshwater Aquaculture (in short 'C.I.F.A') on 10.3.1989 whereas the Opposite Party No. 3 joined on deputation on the post of 1992, the permanent absorption of the deputationists was considered but the Petitioner did not exercise his option and, therefore, the permanent absorption of Opposite Party No. 3 who had exercised option was made.

(3.) IN the absence of the option, the case of the Petitioner was not considered for permanent absorption. After permanent absorption, Opposite Party No. 3 was promoted to the post of Assistant Administrative Officer on 31.5.1993. However, the Petitioner was subsequently absorbed permanently on his exercising option on the post of Superintendent -cum -Accountant on 8.10.1993 in the same scale of pay as that of Superintendent (Admn.) in C.I.F.A. Subsequently, in the year 1997 another post of Assistant Administrative Officer fell vacant but the Opposite Parties without considering the case of the Petitioner brought one Dillip Kar who was working as Superintendent in I.C.A.R. Research Complex for North Eastern Hill Region, Barapani, Meghalaya, on deputation as Assistant Administrative Officer. However, on 22.10.1998, the Petitioner too was given promotion to the post of Assistant Administrative Officer.