J.S. Khehar, J. - (1.) GURBAX Singh has approached this Court by filing CWP No. 4007 of 1999, challenging the order of the Central Administrative Tribunal dated 16.7.1998. The Sports Authority of India, Jawahar Lal Nehru Stadium, Lodhi Road Complex, New Delhi and others have impugned the same order through CWP No. 10826 of 1999. Both the aforesaid writ petitions have been heard together and are being disposed of by this common order:
(2.) GURBAX Singh joined the PEPSU State Police service as Prosecuting Sub Inspector on 21.4.1949. While in the aforesaid service, he was permitted to undertake a course in the sport of Volley Ball, where after he was transferred from the police department to the sports department. Gurbax Singh continued to discharge his duty in the sports department till 13.12.1963. In the interregnum, PEPSU was merged into the composite State of Punjab with effect from 1.11.1956. Gurbax Singh, therefore, became a member of the police department of the composite State of Punjab and carried with him all the benefits of service rendered by him in the erstwhile State of PEPSU. The Director, National Institute of Sports, Patiala, (hereinafter referred to as the Institute) requested the sports department to loan the services of Gurbax Singh to the Institute by way of deputation for a period of one year as a Volley Ball Coach. The State Government, accepted the request of the Institute and relieved the petitioner on 13.12.1963; whereupon Gurbax Singh joined the Institute on 14.12.1963. Before the expiry of the period of one year, the Institute requested the State Government to permit the absorption of Gurbax Singh in the service of the Institute on the expiry of the period of one year. After obtaining the consent of Gurbax Singh and after completing the necessary formalities of absorption, which included the submission of a formal resignation from his principal employer. Gurbax Singh was absorbed into the service of the Institute permanently vide office order dated 30.4.1965 with effect from 14.12.1964 (i.e. the date on which the petitioner completed one year's deputation with the Institute.
(3.) AFTER the absorption of Gurbax Singh into the service of the Institute, he was promoted to higher posts and eventually to the post of Deputy Director on 1.7.1975. While holding the post of Deputy Director of the Institute, Gurbax Singh attained the age of superannuation and was accordingly retired from service on 30.4.1983. On his retirement, Gurbax Singh claimed all benefits of service earned by him in the erstwhile State of PEPSU and the composite State of Punjab while computing his pensionary benefits on retirement from the Institute.;