DAMODAR PANDA Vs. UNION OF INDIA

JUDGEMENT

(1.) The successive challenges witnessed by the instant proceedings have been amounted on the verdicts of the learned Central Administrative Tribunal, Guwahati, (for short, hereinafter to be referred to as the learned Tribunal) rendered in Original Application No. 119/2010 and 128/2011 lodged by the petitioner upholding the decisions of the respondents to recover an amount of Rs. 24,914/- earlier paid to him by way of Transfer Travelling Allowance in connection with his posting as Engineering Assistant in the Office of the Chief Engineer (NEZ), AIR & DDK at Guwahati on his recruitment thereto. We have heard Mr. M. Chanda, learned counsel assisted by Ms. U. Dutta, Advocate and Mr. S. Choudhury, Advocate for the petitioner as well as Mr. D.C. Chakraborty, learned Central Govt. counsel for the respondents.

(2.) The factual backdrop, in short, can be outlined from the pleadings of the parties. The petitioner had initially joined as Technician at All India Radio, Jeypore, Orissa in the year 1993. A process for recruitment of 281 Engineering Assistants was initiated by the advertisement dated 7-13 July, 2007 issued by the Chief Engineer (Trg.), STI(T), AIR & DD, Radio Colony, Delhi. Apart from indicating the 5 Zones in which the network therefor was divided including amongst others the North Eastern Region, the conditions of eligibility was also enumerated therein vide Note-3 in the advertisement. Departmental candidates who had put in atleast three years of continuous service as on 10.08.2007 in All India Radio and Doordarshan and other media unit under Ministry of Information and Broadcasting in the post of Technician/Sr.Technician or equivalent posts were also permitted to participate in the process. For them age relaxation as provided therein was also assured.

(3.) The petitioner being eligible as per the criteria advertised for the post aforementioned submitted his candidature and on due selection was offered appointment to the post of Engineering Assistant vide communication No. CE(NEZ)/1(26)/2007-S/Rectt./16109 dated 10.03.2008 in the Office of the Chief Engineer (NEZ), AIR & DD, Guwahati on the terms and conditions enumerated therein. While indicating that the post offered carried the pay scale of Rs. 5000-150-8000/- it was clarified that the initial pay would be fixed on the analogy of the rules and orders of Government of India for the time being in force and that he would be entitled to draw allowance at the rates admissible subject to the conditions laid down in rules and orders governing the grant of such allowances, in force from time to time. Clause (v) & (vi) of the letter of offer stipulated that he would be liable to be posted and transferred within the zone and also beyond anywhere in India as and when required. That he would not be entitled to any travelling allowance for joining the post unless he was holding a substantive appointment under the Government or employed under the Central Government in a temporary capacity but had completed probation period satisfactorily was also disclosed therein Admittedly the petitioner at all relevant time was a Central Government servant and he continues to be so even as on date.