w w w . L a w y e r S e r v i c e s . i n

Nabasius Warjri v/s The Union of India, Represented by the Secretary, Ministry of Communication Department of Post, New Delhi & Another

Company & Directors' Information:- E N COMMUNICATION PRIVATE LIMITED [Active] CIN = U92132DL2005PTC143469

Company & Directors' Information:- T C COMMUNICATION PRIVATE LIMITED [Active] CIN = U74999DL2000PTC105354

Company & Directors' Information:- J J COMMUNICATION PRIVATE LIMITED [Active] CIN = U74300WB1997PTC085828

Company & Directors' Information:- P. K. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92141DL1984PTC017748

Company & Directors' Information:- T I COMMUNICATION PRIVATE LIMITED [Active] CIN = U51109HP2009PTC031079

Company & Directors' Information:- S B M COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64201WB2010PTC145582

Company & Directors' Information:- P N COMMUNICATION P. LTD. [Active] CIN = U32204DL2001PTC111327

Company & Directors' Information:- A B AND U COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74300MH1997PTC107160

Company & Directors' Information:- K AND D COMMUNICATION LIMITED [Active] CIN = U64120GJ1997PLC031879

Company & Directors' Information:- P & G COMMUNICATION PRIVATE LIMITED [Active] CIN = U74140MH2013PTC251505

Company & Directors' Information:- P J COMMUNICATION PRIVATE LIMITED [Active] CIN = U72900DL2000PTC105416

Company & Directors' Information:- M K COMMUNICATION PVT LTD [Strike Off] CIN = U72900HP2006PTC030292

Company & Directors' Information:- H V COMMUNICATION PRIVATE LIMITED [Active] CIN = U52602DL2009PTC193309

Company & Directors' Information:- A AND A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U92132DL2001PTC110975

Company & Directors' Information:- B. M. COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100DL2012PTC244419

Company & Directors' Information:- H. K. COMMUNICATION PRIVATE LIMITED [Active] CIN = U64100DL2013PTC255831

Company & Directors' Information:- B R COMMUNICATION PRIVATE LIMITED [Active] CIN = U64203DL2002PTC114477

Company & Directors' Information:- N S N COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64100KA2014PTC073757

Company & Directors' Information:- N A COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U74120DL2008PTC182901

Company & Directors' Information:- G & D COMMUNICATION PRIVATE LIMITED [Strike Off] CIN = U64200MP2007PTC019633

    Original Application No. 043/00160 of 2019

    Decided On, 28 November 2019

    At, Central Administrative Tribunal Guwahati Bench Guwahati


    For the Applicant: S.K. Das, R. Karim, D. Barman, Advocates. For the Respondents: V.K. Bhatra, Sr. CGSC.

Judgment Text

Oral Order:

Manjula Das, Judicial Member.

1. By this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant is seeking following relief(s):-

“8.1 To direct the respondents authorities to allow the applicant to join and resume duties in his parent office/post over which he has a lien.

8.2 To direct the respondent authorities to sanction and pay all the arrear salaries from the date on which he was reverted to the parent office.

8.3 Any other order(s) as to Your Lordships’ may deem fit and proper in the facts and circumstances of the case.

8.4 Cost of the application.

8.5 Any other relief/reliefs that the applicant may be entitled to.”

2. The facts, in brief, as narrated in the OA are that the applicant was appointed as Postal Assistant in the office of the Chief Post Master General, N E Circle, Shillong by order dated 01.02.2011. Thereafter he was attached in the Mail Section of Circle Office, Shillong vide common order dated 08.02.2011. While working as such, applicant applied for the post of Superintendent in the National Institute of Technology (NIT), Meghalaya through proper channel and his application was duly forwarded by the Assistant Postmaster General (Staff) vide Office letter dated 29.08.2016 without any objection. Applicant was selected for the said post and offered appointment on 11.05.2018. The applicant as per procedure and rules in vogue tendered his technical resignation on 21.05.2018 before his parent department enabling him to join as Superintendent in NIT. The Department vide letter dated 29.05.2018 accepted his technical resignation and relieved him by granting him lien for 2 years. The applicant accordingly joined NIT. After serving as such in NIT applicant wanted to revert to his parent department and submitted a formal application on 27.11.2018 to the Registrar, NIT to revert him to his parent department with a copy to APMG (Staff) N E Circle, Shillong. Applicant was finally released w.e.f. 31.12.2018 vide release order dated 28.12.2018. However, the applicant was not allowed to join in his parent department. Hence this OA.

3. When the matter come up before this Tribunal on 23.05.2019, while issuing notice to the respondents, having found a prima facie case in favour of the applicant, this Tribunal directed that applicant should be allowed to join in the previous post i.e., Chief Post Master General, N E Circle, Shillong without any hindrance.

4. The respondents have filed written statement disputing the claim of the applicant. According to the respondents, the reversion of the applicant could not be considered due to constraint of Sub-Rule (5) of Rule 26 of CCS (Pension) Rules, 1972. The same is extracted below:-

“(5) Request for withdrawal of a resignation shall not be accepted by the appointing authority where a Government servant resigns his service or post with a view to taking up an appointment in or under a private commercial company or in or under a corporation or company wholly or substantially owned or controlled by the Government or in or under a body controlled or financed by the Government.”

According to the respondents, the NIT, Meghalaya, Shillong is neither a Central Government nor a State Government Institute.

5. In the rejoinder, the applicant annexed a DOPT OM dated 17.08.2016 on the subject of “Technical Resignation & Lien – Consolidated guidelines” and submitted as per the said OM a Government servant who has acquired a lien on a post retains a lien on that post while on foreign service or holding a temporary post or officiating in another post. According to the applicant, since the respondents have released him vide order dated 29.05.2018 with a lien for 2 years, they are duty bound to allow him to join on his reversion from NIT.

6. We have heard Sri. S.K. Das, learned counsel for the applicant and Sri. V.K. Bhatra, Sr. CGSC for the respondents and also perused the pleadings and materials on record.

7. Admittedly applicant applied for the post of Superintendent in NIT through proper channel and his application was forwarded by the Postal Department. On his selection, applicant tendered his technical resignation and the Postal Department vide order dated 29.05.2018 relieved the applicant. The contents of the said letter are extracted below:-

“The technical resignation tendered by Shri. Nabasius Warjri, Postal Assistant, Circle Office, Shillong has been accepted by the Competent Authority.

The official will be relieved with a lien of 2 years on 29.05.2018(Afternoon).”

From the above it is crystal clear that it is a matter of technical resignation and therefore, applicant was granted lien for 2 years on 29.05.2018. The applicant was released from NIT, Meghalaya, Shillong w.e.f. 31.12.2018 and on the same day he submitted application to the CPMG, N E Circle, Shillong for permission to re-join his post where his lien was retained. It appears that from the perusal of Annexure-3 of the written statement that the office of the CPMG, N E Circle, Shillong had written a letter to the Director (Staff), Department of Posts, New Delhi 07.01.2019 for according permission to allow the applicant to join as Postal Assistant. Following request was made by the office of the CPMG, NE Circle in the above letter dated 07.01.2019:-

“In view of the above, since Shri Nabasius Warjri, the then PA, C.O., Shillong is having two years lien in the parent Department, he may perhaps be allowed to rejoin his earlier post i.e. Postal Assistant. C.O., Shillong as per rules on the subject and as such Directorate permission is solicited at the earliest.”

(emphasis supplied)

In response to the above letter the Assistant Director General (SPN), Department of Posts (Personnel Division), New Delhi vide their letter dated 04.02.2019 informed that appointing authority is competent to decide the matter. In the above letter dated 07.01.2019 the office of CPMG, N E Circle opined that since the applicant is holding lien of 2 years, he may be allowed to join and accordingly sought permission from higher authority. The higher authority vide letter dated 04.02.2019 clarified that the CPMG, N E Circle being the appointing authority can decide the matter. However, since then the CPMG, N E Circle is sitting over the matter despite several reminders from the applicant.

8. As already discussed above, the respondents while accepting technical resignation of the applicant and releasing him to join NIT, Shillong has granted lien to the applicant for 2 years from 29.05.2018. The applicant submitted application for rejoining in his earlier post holding lien on 31.12.2018 on being was released from NIT on the same day which is within the period of 2 years lien. Besides, NIT was enacted by the Parliament by bestowing stat

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utory recognition, therefore, NIT is not a private company as canvassed by the respondents in their written statement. Besides, this is a matter of technical resignation, therefore, the respondents taking recourse to Sub-Rule (5) of Rule 26 of CCS (Pension) Rules, 1972 to deny the applicant the opportunity to rejoin the post in which he is holding his lien for 2 years is misconceived, and therefore, not sustainable. 9. In view of the observations made above, the respondents are directed to allow the applicant to re-join and resume duties in his parent office/post over which he has lien forthwith. Therefore, interim order dated 23.05.2019 is made absolute. 10. The OA is disposed of in above terms. There shall be no order as to costs.