- (1.) The challenge in the present petition is to the order dated 06.03.2006 passed by the Chandigarh Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as "the Tribunal") whereby the preliminary objection raised by the petitioner that the Tribunal does not have the jurisdiction to entertain the Original Application filed by respondent No. 1 before the Tribunal, was declined.
(2.) The applicant-respondent No. 1 herein, hereinafter to be referred as 'the respondent') is a member of the all India Police Service and borne on Haryana Cadre. Vide order dated 12.1.1989, Financial Commissioner and Secretary to Government Haryana, Home Department, placed the services of the respondent at the disposal of Government of India on deputation basis for appointment as Director (Security) in the Bhakra Beas Management Board, Chandigarh (for short "BBMB") for a period of three years. In terms of the said order, the respondent joined BBMB and continued to work from 20.01.1989 to 06.02.1991.
(3.) The respondent invoked the jurisdiction of the Tribunal challenging the action of the petitioner herein whereby a sum of Rs. 27,367.55 is found to be outstanding and recoverable from the respondent. In the said application, present petitioner has raised the objection regarding maintainability of the application before the Tribunal primarily on the ground that the petitioner is a separate juristic entity and the period spent by the respondent on deputation with the petitioner does not fall within the jurisdiction of the Tribunal as the said period was not a period spent on civil post under the Central Government. Reliance was placed upon an order passed by the Tribunal in the case of Varinder Kumar Sharma v. Union of India and others, OA No. 487/HP of 1991 decided on 4.9.1991.;