LAWS(CA)-2006-9-39

SH RAM KUMAR S/O SH MANI RAM Vs. UNION OF INDIA

Decided On September 14, 2006

JUDGEMENT

(1.) APPLICANT, who is a civilian employee of respondent No. 2 has filed the present OA for declaring that he (the applicant) is not a surplus employee and for setting aside the movement order dated 29.6.2005 and the order dated 30.6.2005 with all consequential benefits including pay and allowances etc.

(2.) The background of the case is as follows. Applicant joined Gorkha Resettlement Training Movement, Raiwala, Dehradun as Civilian Instructor Radio/TV on 28.4.88. It was a Group �C� post in the pay scale of Rs. 950-1500 (Rs. 3050-4500 revised). The respondent vide letter dated 5.10.2004 asked him to give his choice/option to be posted at another suitable station etc. To be pricise the letter, Annexure A-3, stated as under:

(3.) IN case your option/willingness is not received within above period the action will be taken by the Army Headquarters as per the laid down Govt/Army rules on the subject.