JUDGEMENT
R. Dayal, J. -
(1.) This petition is directed against the judgment and order dated 12th August, 1997 of the Central Administrative Tribunal, Calcutta Bench dismissing the application filed by the petitioner challenging the order of his repatriation from Metro Railway to South Eastern Railway.
(2.) The petitioner initially joined the South Eastern Railway as a Junior Clerk through Railway Service Commission in the year 1975. The Metro Railway required some staff. They invited names of the staff working with the South Eastern Railway. The petitioner volunteered his name and as such he was transferred to Metro Railway as Junior Clerk vide letter dated 16th July, 1980 of the General Manager, Metro Railway to the Chief Personnel Officer, South Eastern Railway and the Chief Personnel Officer, Eastern Railway, Calcutta. This order in its material portion reads as under:-
"Reference is invited to this office 1etter of even number dated 5.6.1980 on the above subject. It has been decided to take the following volunteers on transfer to this organisation for posting as Junior Clerk in scale of Rs. 260-400/- ( Rs. ).
JUDGEMENT_61_CLR2_2000.html
Arrangement may please be made to release the aforesaid staff with instruction to report to this office by 4.8.80 subject to fulfilment of the following:
(a) ...........................
(b) their liens are maintained by the parent offices on your Rly".
(3.) Vide Office Order 99/97 dated 13th March, 1997 the petitioner was repatriated to the South Eastern Railway/KGP for further posting. The order in material part reads as under:
"Sri A.C. Periera, Head Clerk, Pay Rs. 1760/- in scale Rs. 1400-2300 (RP) of the Personnel Branch of this organisation who holds lien in the Personnel Branch of S.E. Railway/KGP is hereby repatriated and released on 14.03.1997 (AN) to his parent Railway i.e, S.E. Railway/KGP in the administrative interest with instruction to report to DRM(P)/S.E. Rly/KGP for further posting.;
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