UNION OF INDIA Vs. RAMESH NAIR

JUDGEMENT

(1.) BY a common order dated February 27, 2013 the Central Administrative Tribunal has quashed two letters dated November 12, 2012 and December 06, 2012 sent by the petitioner to the respondent while allowing Original Application No.4006/2012 and Original Application No.4283/2012.

(2.) THE respondent, a practising Advocate at Indore was offered appointment as Member (Judicial) of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT). It was indicated that the respondent would be on probation for a period of one year and upon confirmation shall hold office for a term of 5 years extendable by another term of 5 years. It was indicated in the letter that if respondent accepts the offer his first posting would be at CESTAT Chennai Bench. The respondent was required to submit his acceptance on the terms and conditions as per the letter offering appointment. It was indicated that the term of the office would be subject to the upper age limit of 65 years. Vide corrigendum dated September 19, 2012 the age 65 years was corrected to be 62 years.

(3.) SINCE an issue arose, as would be evident from the facts noted hereinafter, whether respondent unconditionally accepted the terms of his appointment as per the letter of offer dated September 13, 2012 read with the corrigendum dated September 19, 2012, we note the contents of respondent's letter dated September 27, 2012. It reads as under: -