S.Chatterji, J. - (1.) -This first mandamus appeal is against the judgment of a single Judge dismissing the writ petition filed by the appellants/writ petitioners. The writ petition was filed by the petitioners/appellants praying, inter alia :- (a) A writ of and/or in the nature of Mandamus commanding the respondents their agents, subordinates and/or each of them to act in terms of the instructions issued by the Government of India vide O.M. No. 5(25)/83-BPE(PESB) dated 6th Mach, 1985 and O.M. No. 28016/5/85-Estt (C) dated 31st January, 1986 under the Rule 110 of the Fundamental Rules and to treat the petitioners' deputation Foreign Service with the Shipping Corporation of India Ltd., a Central Public Enterprises on immediate absorption basis and not to revert them to their parent department (Amalgamated Clerical Grade) Andaman and Nicobar Administration; (b) A writ of and/or in the nature of Mandamus commanding the respondents their agents, subordinates and/or each of them to allot the work to the petitioners according to their previous status/grade treating them permanently absorb in the Foreign Service under the Shipping Corporation of India Ltd., Port Blair and to allow them the Pay Scales of the said Corporation from their date of joining in the said Foreign Service and not to take any decision and/or pass order of reversion the petitioners to the parent department and if already done so against them and/or any of them the same shall not be given effect to; (c) A writ of and/or in the nature of Certiorari commanding the respondents their agents, subordinates and/or each of them to transmit all the relevant records relating to the case before this Hon'ble Court so that a conscionable justice may be administered by quashing the same; (d) Rule Nisi in terms of prayers (a), (b) and (c) above showing cause the respondents as to why the petitioners' service should not be treated as immediate absorption basis with the Shipping Corporation of India Ltd., Port Blair in not reverting them to their parent department and not to allow these work according to their previous status grade with the pay scales of the said Corporation since and from their date of joining in the said Foreign Service with the said Corporation; (e) Ad-interim order of injunction restraining the respondent their agents, subordinates and/or each of them from taking any decision or passing any order of reversion in respect of the deputation Foreign Services of the petitioners with the Shipping Corporation of India Ltd., Port Blair to their parent department (Amalgamated Clerical Cadre, Andaman and Nicobar Administration) and if any order is already passed shall not be given effect to and also restraining them from taking any other steps regarding the service of the petitioner and directing the respondents to allow the petitioners to continue the work as they are working to the said Corporation till the disposal of this application; (f) Ad-interim order in terms of prayer (e) above; (g) Such further or other orders be made and/or directions be given including these relating to the costs of and incidental to this application as to this Hon'ble Court may deem fit and proper.
(2.) The writ-petitioners challenged the impugned order of repatriation after the expiry of the period of deputation alleging, inter alia, that the respondent-authorities have acted arbitrarily and illegally in not absorbing the writ-petitioners permanently at the Shipping Corporation of India Ltd. at Port Blair and decided to repatriate them to their parent department (Amalgamated Clerical Cadre of Andaman and Nicobar Administration). It was further alleged that the deputation service of the petitioners to the Shipping Corporation of India Ltd. ought to have been treated as Foreign Service under the provisions of the Fundamental Rules 110 and under sub-rule (b) transfer to foreign service outside India and in India may be sanctioned by the Central Government in the manner as provided thereto. It was placed on record that by invoking the provisions of the said Rules, the Central Government issued O.M. No. 5(25)/83-BPE(PESB) dated 6th March, 1985 wherein it had reviewed the policy regarding deputation of Government Officers to the Central Public Enterprises for toning up the performances of public Enterprises and in supersession of all other orders it had decided that deputation of all Government Officers including defence service to all posts (whether Board of Level or below Board level) in Central Public Enterprises should not be permitted from the date and such officers could join posts in the Central Public Enterprises only on immediate absorption basis. There is further reference of O.M. No. 28016/5/85-Estt(C) dated 31st January, 1986 giving certain important instructions by which the Government servant who has been selected for a post in a Central Public Enterprises only be released after obtaining and accepting his resignation, and no loin/quasi-permanent status of the Government servant concerned would not be retained in his parent cadre and all his connections with the Government be severe on his release for appointment in an enterprise and he would not be allowed to his parent cadre.
(3.) The writ-petitioners made out a case that they have joined on deputation foreign service to the Shipping Corporation of India Ltd. as per the provisions of the Fundamental Rules 110 and have been working there, but in spite of the instructions as mentioned aforesaid notification dated 6th of March, 1985 and 31st of January, 1986, the respondent-authorities have neglected to absorb them permanently in the said Enterprises/Corporation and such action, of the respondents are highly arbitrary and illegal. The specific case of the writ-petitioners was that the respondent-authorities had decided illegally to revert the petitioners to the parent department by ignoring the provisions of the Rules as well as the instructions contained in the aforesaid O.Ms. issued by the Central Government, with regard to the permanent absorption of the deputationists on foreign service and as such actions of the respondents are therefore, arbitrary, illegal and without jurisdiction.;