LAWS(P&H)-2007-9-218

ANIL KUMAR Vs. UNION OF INDIA

Decided On September 25, 2007
ANIL KUMAR Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) This civil writ petition under Articles 226/227 of the Constitution of India has been filed with a prayer for quashing order dated 25.7.2001 (Annexure P-7), order dated 24.2.2004. (Annexure P-9) passed by appellate authority and order dated 6.7.2006 (Annexure P-14) passed by Central Administrative Tribunal, Chandigarh Bench (CAT).

(2.) Vide the Order dated 25.7.2001 (Annexure P-7) Office of the Chief Commissioner of Central Excise, New Delhi has rejected the request of the petitioner Anil Kumar Monga for repatriation back to Chandigarh Commissionerate with original seniority in view of the Rules dated 15.1.1998. It has however been said that the case can be considered afresh if he is still willing to get Chandigarh Commissionerate as a new entrant and he will not be entitied to seniority which would be fixed at the bottom in the seniority list of the Inspectors.

(3.) The petitioner filed an appeal against Order dated 25.7.2001 (Annexure P-7) which was dismissed vide the Order dated 24.2.2004 (Annexure P-9) while observing that once a Government servant is confirmed in a post, his all connections stand severed from the earlier organization and he is precluded from seeking transfer to the earlier organization.