UNION OF INDIA Vs. VIDHU SHEKHAR PANDEY

JUDGEMENT

(1.) THE challenge in the present writ petition is to an order passed by Central Administrative Tribunal, Chandigarh Bench, Chandigarh (for short 'the Tribunal') on 11.12.2013 whereby an Original Application filed by respondent No. 1 -Vidhu Shekhar Pandey, hereinafter referred to as the applicant, was allowed so as to direct the counting of the service rendered by the applicant with the present writ petitioner to be counted towards the pensionary benefits in Central Scientific Instruments Organization (for short 'CSIO').

(2.) THE Tribunal held that the applicant has applied for this post before entry into service with the present petitioner. The learned Tribunal found that the applicant informed about his selection to the post of Scientist Grade -IV in CSIO while submitting his resignation through proper channel on 03.05.2004. It was, thereafter, he was relieved from his duties on 19.06.2004 and joined CSIO on 21.06.2004. Therefore, the objections raised by the petitioners that the applicant has not applied for the post of Scientist Grade -IV through proper channel cannot be accepted. Therefore, it was held that his past service is qualified to be counted for all intent and purposes.

(3.) LEARNED counsel for the petitioner could not clarify as to whether the above extract is part of the Rules or Instructions or that which Authority has issued. But still, we have examined the matter and find that the present writ petition is wholly untenable. It is admitted that the applicant joined the services of the petitioner on 06.10.2003 but before that in the year 2002, he applied for an appointment as Scientist Grade -IV with CSIO in the year 2002. The applicant submitted resignation on 03.05.2004 which was accepted on 19.06.2004.