- (1.) THE instant writ petition has been filed by Union of India under Article 227 of the Constitution of India to challenge the judgment dated 29.03.2012 (Annx.4) passed by Central Administrative Tribunal, Jodhpur Bench, Jodhpur in O.A. No.208/2008 whereby the tribunal allowed the Original Application filed by the respondents and issued direction for absorption of the respondent applicant in the department from the initial date on which he was appointed on deputation and consider the case for grant of ACP in case he is found otherwise eligible with all other consequential benefits.
(2.) AS per facts of the case, the respondent applicant was working in ITDC Hotel Jaqipur Ashok, Jaipur and he was inducted on deputation in the Income Tax Department in the year 2001 and later on absorbed in the Income Tax Department as per the recommendations of the Screening Committee w.e.f. 1.11.2007 but neither GPF deductions nor CPF deductions were made from his salary but the respondent applicant claimed entitlement for the benefits of ACP. The respondent applicant entered in service as Hindi Translator cum Teacher in the office of Hotel Ashok at Jaipur on 25.4.1990, where he was getting his salary in the industrial pay -scale of Rs.1240 -1951 which is revised to 2700 -4820 and further revised to 5600 -9050. The Income Tax Department invited applications from eligible inservice candidates for appointment on deputation as Hindi Translator, the respondent applicant filed an application through proper channel as per the advertisement as inservice candidates. After following procedure, the respondent applicant was provided appointment on the post of Senior Hindi Translator on deputation vide order dated 4/9 -5 -2001. At the time of appointment on deputation, the respondent applicant was drawing salary in the Industrial Pay -scale of Rs.5600 -9050.
(3.) ACCORDING to respondent applicant he served in the Income Tax Department to the best of his ability and also to the satisfaction of his higher authorities, therefore, upon his representation filed for absorption in the Income Tax Department, the case of the petitioner was considered for absorption by the committee constituted by the department for absorption and he was absorbed in the Income Tax Department vide order dated 1.11.2007. The respondent applicant repeatedly filed representation to grant absorption w.e.f. initial appointment on deputation but the respondent refused to accept the prayer for absorption with initial date then the respondent applicant preferred an original application before the Central Administrative Tribunal, Jodhpur with the following prayers were made : - "a) That by allowing the Original Application the respondents may kindly be directed to make include applicants name in the seniority list at appropriate place by extending all benefits including ACP, promotion etc. b) That instead of gross salary requisite deduction shall be made entitling applicant for pensionary benefits after permitting the applicant to deposit the amount of CPF disbursed to him. C) That the applicant be allowed seniority in the department from the date of joining i.e. 1 -6 - 2001 and by considering his experience w.e.f. 25 -4 -1990. d) Any other appropriate order or direction, which may be considered just and proper in the light of above, may kindly be issued in favour of the applicant. e) Costs of the applicants may kindly be awarded in favour of the applicant." ;