JAGDISH CHANDRA S/O KAHAN SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard the learned Counsel for the respondents and the OA has been taken up in terms of Rule 15 of the CAT (Procedure) Rules, 1987, since none has appeared on behalf of the applicant even on second call. The material available on record has been carefully considered.

(2.) The applicant who is in the rank of Chief Engineer is seeking to quash and set aside the list/Presidential Order showing him as permanently absorbed in BSNL and further order dated 2.12.2005 posting and transferring him to BSNL instead of absorbing him in MTNL as per the first preference indicated by him in his option. He has, therefore, prayed for directions upon the respondents to absorb him in MTNL and pay the difference of salary/pay in various grades from April, 1998 when he was sent on deemed deputation to MTNL until the date of permanent absorption, as he has worked there on actual basis. Further, the respondents be directed to fix his pay in the IDA scales for the grades of Superintending Engineer (Civil) in MTNL and in the cadre of Chief Engineer before relieving him, as well as pay interest on the arrears of pay at the rate of 12% per annum till the date of payment.

(3.) IT is stated that BSNL came into being w.e.f. 1.10.2000. The applicant is aggrieved that a number of juniors to him as on 30.9.2000, who have been named in the application, have been allotted to MTNL, whereas even though he had been working with MTNL since 1998, he has been denied permanent absorption. Further, it is alleged that Shri A.K. Jain, Chief Engineer (Elec.) in MTNL and Shri J.R. Potey, Chief Architect in MTNL have been permanently absorbed although there are no sanctioned posts of Chief Engineer (Elec.) and Chief Architect in MTNL. In this manner, the policy adopted by the department has been violated by them in an illegal and arbitrary way.