Chittatosh Mookerjee, J. - (1.) IN May 1955, the Petitioner joined as a lower division assistant in the Home Department, Civil Secretariat, Lucknow (Uttar Pradesh). While the Petitioner was serving in the said capacity, the Government of Uttar Pradesh by an office order dated November 11, 1964, circulated among its staff a copy of the letter dated September 28, 1964, issued by the Assistant Secretary to the Chief Commissioner, Andaman and Nicobar Administration, Chief Commissioner's Secretariat, Port Blair, to the Chief Secretary, Government of Uttar Pradesh, Lucknow (vide annex. A to the writ petition). The Assistant Secretary to the Chief Commissioner of Andaman and Nicobar Administration, inter alia, stated that the Andaman and Nicobar Administration required the services of a few experienced and efficient upper division clerks for appointment, on deputation basis, in the various offices under the Administration. Terms and conditions of the deputation were set out in para. 2 of the said letter. The Petitioner having expressed his willingness to go to deputation under the Andaman and Nicobar Administration, the Government of Uttar Pradesh, Home Department (Police -E), by an office order No. 196 AHE/VIII -E -274/64, dated July 22, 1965, placed the services of Subhash Kumar Saksena, the Petitioner in this Rule, and the services of Hari Shankar Pant, the Petitioner in C.R. No. 3262(W) of 1971, at the disposal of Andaman and Nicobar Administration, Port Blair, on deputation with effect from July 22, 1965 (afternoon) (vide annex. 'B' to the writ petition). At the relevant time the Petitioner was serving as a temporary lower division assistant officiating in the scale of Rs. 80 -110 -140 -200. On July 29, 1965, the Petitioner joined as a higher grade clerk under the Public Works Department under the Administration of Andaman and Nicobar Islands, Port Blair. On September 16, 1965, the Chief Commissioner's Secretariat, Andaman and Nicobar Administration, issued order No. 2444 stating that the Petitioner in this Rule and the aforesaid Hari Shankar Pant, the Petitioner in C.R. No. 3262(W) of 1971, had been appointed as higher grade clerks in the Amalgamated Clerical Establishment with effect from July 29, 1965, and they had been posted to the offices shown against their names in the said order. Their pay were fixed in the scale of Rs. 130 -300, with effect from July 29, 1965. They were given benefit of advance increments. The para. 2 of the said office order purported to mention the terms and conditions of their appointment (vide annex. A to the affidavit -in -opposition affirmed by Suresh Chandra Vajpeyi filed on March 13, 1972).
(2.) WHILE the Petitioner was serving as a higher grade clerk of the Public Works Department of the Andaman and Nicobar Administration, he addressed a letter to the Chief Secretary, Andaman and Nicobar Administration, Port Blair, stating that he had come to the conclusion that he should stay in the island. He, accordingly, prayed that necessary steps for his permanent absorption be taken. Thereupon, the Assistant Secretary to the Chief Commissioner of Andaman and Nicobar Administration wrote a letter No. 60 -1992/68 -Estt. (ADM) dated April 19, 1969, to the Home Department (Police -E) of Uttar Pradesh State stating that the Petitioner had applied for his permanent absorption under the Andaman and Nicobar Administration. Andaman and Nicobar Islands Administration had no objection to retain him. The Assistant Secretary to the Chief Commissioner of the Andaman and Nicobar Administration requested that the Uttar Pradesh Government might intimate whether they had any objection to the permanent absorption of the Petitioner under the Andaman and Nicobar Administration. A copy of the said letter was forwarded to the Executive Engineer, Port Blair, South Division, Public Works Department, under whom the Petitioner was serving. It was stipulated therein that the seniority of the Petitioner in the grade of higher grade clerk in the Amalgamated Clerical Establishment of this Administration would count only with effect from the date of his confirmation in due course and thereby absorption in the cadre. His confirmation would, however, depend upon his suitability, availability of permanent posts and his seniority as higher grade clerk under this Administration. The Petitioner's deputation was extended. He had applied for his permanent absorption in the post held by him under the Andaman and Nicobar Administration. On April 19, 1969, the Petitioner was asked by the Andaman and Nicobar Administration to confirm that he was agreeable to his permanent absorption subject to the conditions mentioned therein. The Andaman and Nicobar Administration also wrote to the Uttar Pradesh Government whether they had any objection to his absorption (vide annex. D to the writ petition). In the meantime, on June 4, 1969, the Ministry of Home Affairs, Government of India, issued a letter dated June 4, 1969, conveying the order of the President of India on the subject of Andaman and Nicobar Islands withdrawal of Andaman special pay - -grant of special allowance and compensatory allowance. I shall hereinafter deal with the legal effect of the said order of the President (vide annex. C to the affidavit -in -opposition affirmed by Suresh Chandra Vajpayi dated March 6, 1972). On November 3, 1969, the Under -Secretary to the Government of India, Ministry of Home Affairs, New Delhi, addressed another letter on the said subject clarifying the previous orders on the special allowance and compensatory allowance, etc. (vide annex. B to the aforesaid affidavit -in -opposition affirmed by Suresh Chandra Vajpayi).
(3.) ON January 1, 1970, the Andaman and Nicobar Administration issued a memorandum stating that the Petitioner along with six others had offered to be absorbed permanently under the Andaman and Nicobar Administration. The said persons were required to exercise options as to whether they would like to be permanently absorbed under the Administration on the new terms with effect from June 4, 1969, or would revert to their parent departments. On January 17, 1970, the Petitioner through proper channel exercised his option for permanent absorption under the new terms (compensatory allowance and special allowance) (vide annexes. E and F to the petition). In the meantime, the Uttar Pradesh Government proposed to hold a competitive examination for appointment to the posts of upper division assistants. The Petitioner had applied to the Under Secretary, Secretariat Administration Department (M), Uttar Pradesh Civil Secretariat, Lucknow, for supplying him with a copy of application form to enable him to sit for the said departmental examination. According to the Petitioner, due to laches on the part of the Andaman and Nicobar Administration the relevant papers were given very late to the Petitioner and he was deprived of the opportunity to appear in the said departmental examination of the Uttar Pradesh Government. missioner's Secretariat, Andaman and Nicobar Administration, issued missioner's Secretariat, Andaman and Nicobar Administration, issued order No. 1515 directing the Petitioner and six others, who were described as deputationists and who had exercised their option as per memorandum dated January 1, 1970, would not be eligible to Andaman special pay but would draw compensatory allowance and special allowance with effect from June 4, 1969. It appears that in April 1971 the Andaman and Nicobar Administration had written a letter to the Government of India, Ministry of Home Affairs, seeking permission for permanent absorption of the Petitioner and Ors. as higher grade clerks.;