S.A.SHAH - (1.)the petitioner who was admittedly an employee of Railway working as Deputy Train Controller in Baroda Division appears to have joined the services of the Indian Petrochemicals Corporation Limited Jawahar Nagar Baroda admittedly a Government of India Undertaking and therefore a public sector undertaking within the meaning of Railway Boards Circular No. 200/72 dated 25-8-72 Annexure-A to the petition. The question arises as to whether the petitioner who has put in about 24 years service with the respondent Railway and permanently absorbed in IPCL is entitled to the benefits conferred by Railway Boards circular dated 25-8-72.
(2.)In order to decide this issue it is necessary to reproduce some relevant facts. It is not disputed that the petitioner joined his services in the Western Railway in June 1948 and was posted at Baroda Division of the Western Railway in October 1959 and he continued in that Division till he tendered his resignation on 9-10-72. According to the petitioner in response to an advertisement from the Indian Petrochemicals Corporation Limited hereinafter referred to as IPCL the petitioner had applied for the post of Administrative Officer through the Divisional Superintendent who forwarded the application under his letter No. ET/S/233 dated 18/05/1972 It is also averred in the petition that the petitioner was given no objection certificate vide No. ET/S/233 dated 28/06/1972 He was selected by the IPCL for the post of Administrative Officer vide appointment letter dated 8/08/1972
(3.)The petitioner was a permanent servant having 24 years service at his credit. Being a responsible officer he made an application to the Railway Administration to relieve him from service so as to enable him to join IPCL Baroda latest by 15-9-1972. Unfortunately that application was not granted in time to enable the petitioner to join his new post of Administrative Officer at IPCL. However the petitioner was required to join the services in time and therefore he had no other alternative except to offer his resignation by a letter dated 9/10/1972 and the Railway Administration by its letter dated 2 1/10/1972 accepted the resignation of the petitioner with effect from 9/11/1972