BEDANIDHI UPADHYAYA Vs. UNION OF INDIA

JUDGEMENT

(1.) While working as a Helper/Laboratory Attendant in the North Eastern Regional Institute of Science and Technology, popularly known as "NERIST', at Nirjuli, Arunachal Pradesh, against a regular vacancy as per the appointment order, dated 03.07.1991, issued by NERIST, the petitioner was brought from NERIST, on deputation, to the post of Lower Division Clerk (in short, 'LDC) in the North Eastern Region Farm Machinery Training & Testing Institute (in short, the 'NERFMTTI'), under the Ministry of Agriculture, Government of India, for a period of three years, the offer of appointment, in this regard, having been made by the NERFMTTI on 25.08.2003 and the petitioner having joined, as LDC, in the NERFMTTI, with effect from the forenoon of 10.09.2003. While the petitioner had been working as LDC, on deputation, in NERFMTTI, as indicated hereinbefore, the Director, NERFMTTI, offered to the petitioner, vide Memorandum, dated 26.07.2004, a permanent post of Laboratory Attendant. Clause (f) of the said Memorandum, dated 26.07.2004, containing the said offer of appointment, read as under:

(2.) As NERIST intimated NERFMTTI by its formal letter, dated 04.03.2004, that it had no objection to the permanent absorption of the petitioner in NERFMTTI, the petitioner accepted the offer of absorption at NERFMTTI and tendered, accordingly, his technical resignation, on 02.08.2004, from the post of Helper/Laboratory Attendant at NERIST. This was followed by an Officer Order, dated 05.08.2004, issued by respondent No. 3, namely, Director, NERFMTTI, absorbing the petitioner in a post of LDC.

(3.) By his letter, dated 04.08.2004, addressed to the respondent No. 3 herein, namely, Director, NERFMTTI, the petitioner, on his being permanently absorbed in the post of LDC, at NERFMTTI, opted for pension and pensionary benefits making it clear that the amount, contributed to the CPF account, in his parent department (i.e., NERIST), may be converted to GPF to be opened by him and maintained by the Pay & Accounts Officer, Department of Agriculture & Co-operation, Government of India.