PROKASH CHANDRA MALLICK, J. - (1.) In this original application, the applicant has prayed for a direction on the respondents - (a) to treat him as absorbed in Rail India Technical & Economic Service (RITES) from the date of the Presidential order at Annexure -A -11 i.e. 21.10.87 after suitably extending the period of deputation; and (b) to fix his pay as per Fourth Pay Commission scale with effect from 1.1.86 and to re -fix his pension on the basis of the pay so fixed and arrived at and pay the arrears of pay and pensionary benefits.
(2.) The facts of the case may be briefly stated. The applicant joined S. E. Railway on 5.3.53. While working as Assistant Engineer at Garden Reach he was deputed to RITES as Deputy Project Manager with the sanction of the President vide Annexure -A1 dated 13.1.83 for a period of two years from the date of handing over charge in the railways i.e. from 30.11.82 (AN). He joined RITES at Angul in Orissa on 1.12.82.
(3.) After the expiry of the period of two years, he was neither called back by the railways nor repatriated by RITES and continued to serve in RITES. He gave his option for absorption as Project Manager in RITES vide Annexure -A2 dated 3.9.84. He was promoted on ad hoc basis as Deputy Chief Project Manager on 1.8.85.;