Decided on February 05,2020

Govinda Chandra Tiria Appellant
Sibaji Charan Panda Respondents

Cited Judgements :-



SANJAY KISHAN KAUL,J. - (1.)On the recommendation of the Staff Selection Commission, the respondent No.1 before us was so offered an appointment to the post of Lower Division Clerk (LDC) Group C in the Ministry of Environment and Forests, Government of India, New Delhi in the pay scale of Rs.950-1500/- vide letter dated 24.05.1993. In terms of this letter of appointment, the head quarter of the work was at New Delhi, but the appointment carried with it a liability to serve anywhere in India. On completion of the period of probation of two years, the respondent NO.1 made an application dated 22.07.1994 in pursuance to Circular dated 24.11.1993, seeking options from the staff for the post of LDC on 'transfer on deputation basis' initially for a period of one year, which was likely to be extended to a further period of maximum three years. The application of respondent No.1 was accepted and he joined the office of Deputy Conservator of Forests as LDC at Bhubaneshwar on 10.5.1994 in pursuance to his selection vide letter dated 12.04.1994.
(2.)In terms of the Circular dated 24.11.1993, respondent NO.1 was granted the maximum number of extensions, for a period of three years, periodically after obtaining the no objection certificate from the Central office at Delhi.
(3.)In the course of the tenure of deputation, respondent No.1 made a request for transfer on a permanent basis to the regional office at Bhubaneshwar and vide letter dated 21.11.1994, from the Central office to the Easter Regional Office, MoEF, Bhubaneshwar, it was informed that no further extension could be given to respondent No.1 and calling upon the Bhubaneshwar Office to make its own recruitments. Respondent NO.1, however, persisted with his request and then sent a letter on 22.09.1995, seeking the consideration of his case sympathetically. The relevant part of this letter is extracted as under:
'That I am the only earning member of my family. My family depends upon me both financially and physically. During posting at Delhi I had to send a major portion of my salary to my family. When I was far away from my home I was unable to attend the needs of my family members. So I had to work under great mental tension.

Therefore, I request you to kindly consider my case sympathetically and allow me No Objection Certificate for my posting in any Central Govt. office located in Orissa.

In this connection, I request you to refer to my applications dated 30.01.95 and 17.05.95 and request you to take necessary action at any early date.'


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