Central Administrative Tribunal - Kolkata
Subrata Kundu vs Falta Special Economic Zone on 7 September, 2018
1r IPP.ipv CENTRAL ADMINISTRATIVE TRIBUNAL CALCUTTA BENCH Original Application No.350/00849/2017 Misc. Application No.350/196/2018 THE HON'BLE SMT. MANJULA DAS, JUDICIAL MEMBER Subrata KUndu Aged about 59 years 51° Shri Kartick Chandra Kundu Residing at 50/5/3 1 Is1 Botanical Garden Rdd Howrah-71 1 1.03and workingt.o.
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The post of;Se,nior Ste: n. oQraer ' ..
J I In the officte tthe-e'ieI®pné.nt.G'mmis•sioner L .' Falta Ministry of Commerce.G:overnmenfef Indi:a 2nd MSO Building, 4th F!b.o W "
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234/4, ___r
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K®lkaf-7®Q02O
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... a... Applicant
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1•, iJnionofIridia .
Service through the
Ministry of Commerce & Industry Government of India, SEZ Section Udyog Bhawan, New Delhi- i 10011. The Under Secretary Ministry of Commerce & Industry Government of India, SEZ Section Udyog Bhawan, New Delhi-i 10011. The Development Commissioner Falta.Special Economic Zone Ministry of Commerce & Industry Department of Commerce II ._r ...- --
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035/0849/207 with
MA.350/001 96/2018
LI Government of India
2nd MSO Building, 4th Floor
fl Nizam Palace, 234/4
A.J.C. Bose Road
Kolkata-700 020.
4. The Assistant General Manager (Personnel) NOtional Jute Manufactures Corporation Limited Chartered Bank Buildings, 2nd Floor, 4 Netaji Subhas Road,Kolkata-700001.
Respondents For applicant (Adv): Mr.P.C.Das & Ms.T.Maity For respondents (Adv): M.P.Mukherjee \'.. r--
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Heard on 1206 201 11'ae or Order T 9 2018
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ounsel for both the
sides, both the. MA and the CA are heard and being disposed of by this order.
2. Being aggrieved with cancellation of absorption of the applicant, •vide order dated 2/6th June 2017 the applicant approached before this Tribunal vide this O.A. with the following reliefs:
AA "a) To. quash and/or set aside -the impugned order No. 6(30)12015/525 dated 2nd/6th June, 2017 issued by the 'Develo.pmerit Commissioner, Falta Special Economic Zone, .Ministry of Commerce & Industry, Department f Commerce, Government of India, 26d MSO Building, 4th Floor, Nizam Palace, Kolkata-700020 by which the appointment of the Senior Stenographer in which your applicant is discharging duty and function to the said post for more than nine years on permanent basis has been cancelled and/or set aside without giving any show cause notice to the applicant being Annexure A/21 of this original application;
To declare that the impugned order No. 6(30)12015/525 dated 2nd/6th June., 2017 issued by the Development. Commissioner, Falta Special Economic Zone, Ministry of Commerce & Industry, Department of Commerce, Government of India, 2nd MSO Building, 4th.Floor, Nizam 'Palace, Kolkata-700020 is otherwise arbitrary and illegal on the ground of violation of the 'principle of natural justice and on the. ground of without issuing any show, cause notice upon the present applicant; .
To pass an appropriate order directing upon the respondent authority to reinstate your applicant in service to the post of Senior Stenographer in the pay scale of Rs.5000-8000 (pie-revised) along with al consequential benefits."
3. In the interim, the applicant also prayed for stay of the impugned order dated 02/06th June, 2017 pending disposal of the OA. The matter came up before the court several times, but no int,em ordé,r was granted. During pendency of the OA, the applicant Therefore, the, applicant filed MA No.350/00196/2018 3 QA.35010084912017 with MA.350/001 96/2018 he relieving order No. 6(30)/2015/3107 dated 03.01 .2018.
4.. Heard Mr. P.C.Das, assisted by Ms. T. Maity, learned counsel for the applicant and Mr.P.Mukhrjee, learned counsel for the Respondents.
5 The brief facts, narrated by the applicant, are that he was initially appointed to ffi5sttfe,nographer-cUmTyPiSt on 1• , \ permanent basisvi of€e o\rder dated 1 905 1983 in the pay /4f/i,' ' scale of .ir'fhe-4ffice-0f'. National Jute r Manufacturing Gorporati /liimited, 'Kelkata.- In pursuance of advertiserent flliDaiiyAnand0 Bazar Pratika dated 13 07 2004 invifingp5iipatiOnS from the eligible candidates for filling up the.p.o.sLQLJuniór Stenographer Grade-Ill in .the'i office of the Development Commissioner, Falta Special • Econdmic Zone, Ministry of Commerce and Industry, Department of Commerce, Government of India, Kolkata on deputation basis in the pay scale of Rs.4000-60001-, the applicant did offer his cancdature for the said post through proper channel vid.e .appIiation dOted 15.07.2004. The applicant was found suitable from the panel in the selection process, as such, he was 350/00849/2017 with MA.350/001 96/2018 scale of Rs.4000- 6000 vide order dated 16.08.2004.
6. On receipt of the appointment order, the applicant made I representation before Assistant General Manager (Personnel), National Jute Manufacturing Corporation Limited to release him to join the post of Jr. Stenographer Gr-Hl in the office of the Development Commissioner, Falta Special Economic Zone, Development Commisne Govénment of India, Kolkata.
Thereafter, the LE t°e Assistant General
! f :\
Manager (Per;orel) , aJwtMaIufactUriflg Corporation
vide order dat'ed_02 09 2O®eiablinghim to join the said post in the office of the, Rép)d&nt No.3. cc.ordingl', the Applicant duly submitted his joining.rQrt and 1oine-duty w e f 03 09 2004 in the office of the Respondent o.3.
7. Applicant did make representation before the authority on 18.07.2007 seeking permanent absorption in the borrowing department. The parent department, i.e., the Respondent No.4 also issued No objection Certificate (NOC) and communicated to the borrowing department (Respondent No.3).
OA.350100849120 17 with MA.350/001 96/2018 I
8. Th:ereafter, the DPC was constituted for considering the absorption of the applicant in the borrowing department vide on 24.8.2004 office order dated 23.08.2007. The DPC its meeting hence duly found the applicant suitable for absorption and recommended his absorption in the post of Sr. Stenographer in the office of Respondent No.3. Pursuant to recommendation of the DPC the applicant was absorbed in the post of Sr. Stenographer on permant 03.09.2007 vide office order O 1t on 03.09.2007.
dated 24.8.2007.,H, bmifed hi.sJningrep Upon his perrarnt department w e f 0309 207 he his resignation from his parent department w..eLO3.9.200Z~ide his aplication dated 03.09.2007 which ia accep1 nd he was released from the services .of parent deparrien1_we02.09.2007 (AN) vide letter ..
dated 18.02;2008.
9. 1When the applicant was continuing as such for about ten years, suddenly the Respondent No.3 issued impugned order dated 2/6the June 2017 by which his absorption of Sr. Stenographer has been cancelled. Hence this O.A before this Tribunal.
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QA.350/00849/20 17 with MA.350/001 96/2018 isel vehemently argued that the impugned cancellation of absorption ot the application is not sustainable under the law, inasmuch as the same is issued in violation of principle of natural justice and fair play. No opportUnity was given to the applicant either for representing or for being heard 'before issuing the impugned order. According to the learned counsel, in pursuance of the advertisement the absorption 'of the applicant was. rrpde as per due procedure of (\\ law. i.e., by the vertisementpnd selection process the 4 \ I applicant being fp' ind siJita t9hep9st of-Stenographer Gr-lll ...._I...
by the Selectidn C:ommitteeldr2408.2004, .
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11. that. oçi' being selected for the post, the appoihtm.entorderto the applicant was issued for the. 'post of Sr. Stenogr6er on permanent basis. He accordingly, tendered resignation to the parent department (Respondent No.3) pursuant to which NOC was issued to join his borrowing department (Respondent No.3) on permanent basis. The applicant did continue as a Sr. Stenographer for 9 years against the sanctioned post after joining the office of the 7 r4..&a.
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QA.350/00849/2017 with MA.350/00196/2018 :1 --
Resoñdent N6.3. - Hence the action of the respondents' /
- authority is, bad in law and O.A. deserved to be allowed.
12. On the other hand, the learned counsel for the respondents Mr.Mukherjee, vide his written statement filed on 26.4.2018 subrnittd that the applicant joined in the office of Réspodent No.3 on 03.09.2007 in the post of Sr. Stenographer on I the bçisis of recommendation of the DPO. The applicant is not eligibl to hold the. pos'of the SeniorSt4e-IOgraPher, but due to .
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r.o-ngly constituted
inadvertence o
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being entirely repugnat'te rujaK dowh by the statutory and extant RecruitmentRe15 1 of' the Department The said
-' committee was tonstitufe by the thén respondent authority -by
-- •. .1 1 three officers among ihorn unfortunately two officers were not eligibI e. to act as members of the DPC in terms of the Recruitment Rules-.As a result of which the selection process of the applicant was db in.itio void and also untenable in law as per recruitment rules. The DPC was therefore a different composition than what is - 4 prescribed in the relevant Recruitment Rules. 1.3. The respondents submitted incidentally that the.. Hon'ble Supreme Court had held in several matters of identical facts and 4 35010084912017 with MA.350/001 96/2018 s violated for any reasons whatsoever, the recruitment arising out of such violation and any action taken pursuant to such wrong order becomes per se void, being opposed to the extant Recruitment rules.
It was submitted by the learned couns.eI for the respondents that the another striking feature, which was entirely opposed to the Recruitment rules is that the absorption of the applicant as Senior Snographer in F'dltç SEZ was done from
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outsider• candidat straititway. /desfe that the Recruitment Rules clearly in,dieated hat-th"emeUodo.f recruitment in the post ./// , of Senior, Stenogr..apher is 1 be1done b.y'way ofpromotion, failing which by deputhition4hu> further dIearioiation was done out of inadvertence or by mistake, which is required to be rectified Hence the order dated 2/6th has been issued by the respondents strictly in accordance with the extant rules.
The learned counsel further submitted that unless the mistake thus committed in this particular case is rectified by withdrawing and/or rescinding/cancelling the said void recruitment order of the applicant with immediate effect, the 9
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OA.350/00849/2017 with MA.350/001 96/2018 mistake. thus dommitted by the respondents shall be allowed to cOntinue gMng rise to continued grant of illegitimate and undue berefif to the applicant for no reasons at all. Such action will be diametrically opposed to the numerous decisions of the Honble Supreme Court in the identical matters to the effect that mistake once detected Thould not be allowed to perpetuate any further.
Learnedcounsel further states that the above mistake
16. in regard to the r&iuitment of the applicant as Senior hl IaeCteI. the respondents Stenographer hag be 'of\ &der dated 2nd /61h June had no other 61h June2017, which has een/imuged by the. applicant in the instant applicatiop b'e9ret}is HonbleTrlbunal ._,• that further
17. ltwas further violation of recruitment rule will be perpetuated for an indefinite period and as.a result whereof, while the applicant would be entitled to illegitimate gain of pecuniary benefit besides being ineligi,be, the respondents shall suffer irreparable loss. According to the learned counsel, the absorption of the applicant has rightly been cancelled, therefore, OA deserves to be dismissed. 10
OA,350/00849120 17 with MA.350/001 96/2018 unsel for the parties, perusal of the pleadings, materials placed before us, it is noted that the. applicant who was initially appointed as Stenographer- cum-Typist.in the parent department. i.e., under the National Jute Manufacturing Corporation Limited , Kolkata (Respondent No.4). Thereafter, he was appointed to the post of Jr. Stenographer in the office of. Development Commissioner, Falta Special Economic Zone, Ministry of Commerce &... lndustry, Government of India, I m Kolkata on deputationbasis.Theappointrnent order 1 6.08.2004 reads as here und -
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"Offic'b' of the' évek3rrent Gbmmissioner FALTA(&PEcIALE-c®rs1Qtc2oNE ._ I Ministry ofemerce&- lndustr.y Departmèn't'iofommerce,GoVerflmêflt of India 2nd MSOBilqing, 4 Nizam Pace"CaJcuta lO -7Q0020 , Phone 2247-2263 -224Z;7223, 2240-4092 Fax(033) 2247- 7923 Office Order Part 1 No.205/04 dated 1 6.8.04 Consequent upon selection from the panel as received throu.gh advertisement in the "The Telegraph" and Ananda Bazar Patrika" both dated 13.7.2004, Shri Subrata Kundu, Stenographer-Cum- Typist, Office of the National Jute Manufacturers Corporation, (A Government of India Undertaking Chartered Bank Buildings(2nd Floor), 4th Floor) 4 N.S.Bose Road, Kolkata-7000001, is hereby appointed to the post of Junior Stenographer in Falta Special Economic Zone, Kolkata, on transfer on deputation basis for an ...-.•.-. •.. .•--•.....
OA.350/00849/20 17 with MA.350/001 96/2018 initial period of three years in the scale of pay of Rs.4000-6000/- plus other allowances as admissible.
This order issues in Public Interest.
(Manoj Kumar) Development Commissioner"
19. Thereafter, on 21.02.2006 the applicant dpplied for the post of, Senior Stenographer in FEPZ when applications were called for the said post by Ministry of Commerce and Industr'. The DPC was constitted the absorption of the in the borrowing de.part1t whii'sapparént from Annexure All 2 given below -
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C) , '//I \s4 "Officeof the .eIcpmeftt1ommissioner FALT. ,A SPECJ.AbE'ONMILNE. /...-.
'- / \,-'-,.\ Ministr.y of Rprnn'erce & Industry., Deparfmn't'M bmmereedernrn'ent / of India \ \ c' Nizam Palçibe., 4th? floor; 23'4L4" AJC Bose Road, Calcutta-700O20 Office Order Part 1 No.411/2007 /04 dated 23.8.2007. A Departmental Promotion Committee comprising of the following officers has been constituted for the purpose of consideration o absorption of Sri Subrata Kundu who is presently working this office on deputation.
1.Shri Arun Kr.Bit, Development Commissioner; FSEZ
2. Shri E.E.Das Senior Accounts Officer, FSEZ
3. Shri B.K.Howlader, Senior Accounts Officer(PAO, Texti!es) 12 CA.350100849/2017 with MA.350/001 96/2018 mittee will meet on 24.8.2007 at chamber of Development Commissioner, Falta SEZ, 4th Floor, 2nd MSO Building, 20 Nizam Palace 234/4 AJC Bose Road, Kolkata-7000 Arun Kr.Bit Development CommisSiOfler The DPC recommended the absorption of the applicants Shri Subrata Kundu in the post of Senior Stenographer, FEPZ in August 2007.Minutes of the DPC is,.se otbeIJw (Annexure A/13):-
• v Office of\the DrelopeflfC0mmissioner rn 1/f 'e FALTA SPECIALEOONQ11QZNE
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Minifryof Depart1fleflt ®fommerGeGernment 4V of India 2nd Ms4 ® Building ,NizmOlOe 4th Flpori 234/4AJ C BosRda d, oiktc-700020 41' Subject: MiruteS0f 0 the Meeting ,of the Departmental 0/
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Promotion 'Committee as'per"offiCe Order Part 1 No.41 1/2OO7 d ate.cLZ3.O&2POl 'for the purpose of absorption of StiSubrOta-KUfldu,i r..Stenographer Grill who is presently working on deputation at FSEZ to the post of Senior Stenographer at Falta Special Economic Zone.
S The meeting of the Committee consisting of the undersigned official was held on 24.8.2007 at .11.30 AM for the purpose of absorption of Shri Subrata Kundu to the post of Senior Stenographer at Falta Special Economic Zone.
The Committee verified the confidential report and 'igilance cledranCe as available in the personal file of Shri Subrata Kundu and found no adverse remarks or
- any vigilance case pending against him for the period 13 r OA.350/0084912017 with MA.350/00196/201 8 hri Kundu has been working this office on deputation for the last three years w.e.f. 3.9.2004 and his work has been found to be satisfactory.
Therefore, the committee considered the case of Sri Subrata Kundu and found him suitable for absDrption to the post of Senior Stenographer at Falta Special Economic Zone.
Sd/illegible Sd/-illegible Sd/-illegible 24.8.2007 Shri B.K.Howlader Shri Arun Kr.Bit Sr. Accounts Officer Sr. Accounts Officer Development Commissioner Falta SEZ PAO, Textiles Falta SEZ"
20. Applicarits(lièn 'asr,t.iined tor three years in his , J
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parent department Upønhis absGrp tIon applicant tendered his 1-..., .. 4. .
resignOtibn frdmhe prent 1,i\diitment ".. -
which was accepted and he was 'relased fFom Ithe\ serices of NJMC Ltd w.e.f.
02.09.2007 (AN).\Howéyer;-hJ.s abotioh'was cancelled after nearly ten years i mpugned-6rdr dated 2/6.06.2017 reproduced below:-
"Office of the Development Commissioner FALTA SPECIAL ECONOMIC ZONE Ministry of Commerce & Industry Department of Commerce, Government of India 2nd MSO Building, 4th , Nizam Palace, Calcutta-700020 Phone:2287-2263, 227-7923, 2281 -31 1 7 Fax(033)2287- 3362 E-mail:[email protected] Webssite:http;/IFsez. .nic.in No.6(30)12015/525 Dated, the 2nd /6th June, 2017 14 OA.350/00849/2017 with MA.350/001 96/2018 RDER WHEREAS, office of the Development Commissioner, Falta SEZ released an advertisement on 1372004 in the Telegraph and Ananda Bazar Patrika for fflUng up the post of Jr. Stenographer, Gr.11l on transfer and deputation basis in the scale of pay of Rs.4000- 6000/-.
WHEREAS, Shri Subrata kundu, who was working as PA to Director of JNMC Ltd. applied for the same and was appointed was Stenographer Grill on deputation basis for a period of 3 years vide Office Order Part No.205/04 dated 16.8.2004.
this office vide letter dated187.20O7tO abs&b(him.in the post of Jr/Sr. Stenographer nd NO'was obtained from was parert qfice4\ \ W.HEREASa-dePar+trnentaI Promotion Committee for the was; formed purpdè of cobs ideratio.ôfbbS0rptb0 of Shri Kundu
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consisting meçerStaS®llOWS
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.•
Shri\Arun Kr:BIt,Dev*pmeflt.'CQ/mmlssbo FSEZ
•ShriB.BD,.a?Seflipr Accounfs0fflcer FSEL Shri K:Howlader, Senior Accounts Officer, (PAO; Textiles) WHEREAS, the Departmental Promotion Committee considered the case of Shri Kundu and found him suitable for absorption to the post for Sr. Stenographer at Falta SEZ.
WHEREAS, an Office Order dated 24.8.2007.waS issued showing permanent absorption of Shri Kundu to the post of Sr. Stenographer in the scale of Rs.5000- 8000 w.e.f. 03.09.2007.
WHEREAS, as per recruitment Rules the Departmental Promotion Committee forthe post of Sr. Stenographer in Falta SEZ does not permit absorption as one of the methods for recruitment and the 15 O,A.350/00849/20 17 with MA.350/001 96/2018 I )motion Committee for the post has DevelopmenT commissioner (Falta )EZ). as Chairman, Dy. Development Commissioner and Admn. Officer (Falta SEZ) as members.
WHEREAS, the Departmental Promotion Committee constituted vide office order Part-i No.41/2007 dated 1,23.8.2007 was a different composition as against the composition prescribed in the recruitment rules.
WHEREAS, the absorption of Shri Kundu as Sr. Stenographer in Falta SEZ was done despite the Recruitment Rules indicating the method of recruitment as Promotion, failing which Deputation Absorption was not 'one of the methods for recruitment.
t WHEREA)ibldtion'ArtV icle 1 6 of Constitution of India, whi.chdealswiTh-the eqLIality. of opportunity in matt Qrpub'li\e\nPentl aThe appointment seems . ha. be'én/dein anaibitrary manner without-' relating to .c U -, . I selection of .
' U W THEREF©REXirv'iëw of.Lthé aforesaid in .' -.
4gf dept,.,,,h exan)Jnaati're,,).
1np, in/compliance of the 6rer/d2t1 3.4.2017 of,the. Competent Authority of Deprtrrent oLCQmmerce; tj- e absorption of Shri Subrata Ku'ndu as, .Sr. Stenograper
-- - in Falta SEZ is . -..-.--.
hereby carce1!d'-since-he'as absorbed in violation of Rules and that t'Oo-atd'hlgher level.
It is decided accordingly.
Ordere.d accordingly.
(J.M Gupta) Development Commissioner"
21. FOr coming to a logical conclusion, I have gone through the Falta Export Processing Zone, Falta (Group 'C' and 'D' posts) Recruitment Rules, 2000 published in Gazette of India I V MI.
)A.350/0084912017 with MA.350/001 96/2018 ry, Department of Commerce, Government of India, dated 15.9.2000. The method of recritmeflt of the post of Jr. stenographer as prescribed under the said Rules is "60 percent by promotion and 40 percent by deputCtiOfl/absorptb0n failing which by direct recruitment through Staff Selection Commission. Besides, the method of recruitment for the post of Sr. Stenographer as per the said rules is "Byprootion failing which by de.pfation. The DPC for the post W. of Sr Stenographe, is to e stltuted \ 'bY the following members f
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1 DevelopmefltQmm0fta Export processing Lone .Lhairm'an / I Deput.y çD,9y&QPmeflt CmñssiPner, Falta Export
2. 3 AdmInistrOtIVeOfflcr, Falta Export Processing Zone -
Member FAI In the present case, the DPC for considering the case of the applicant for absorption was constituted by the following members:-
(I). Development Commissioner, Falta SEZ
(ii). Sr. Accounts Officer, PAO, Textiles
(iii) Sr. Accounts Officer, Falta SEZ.17
1A / QA.350/00849/201 7 with MA.350/001 96/2018
22. According to. the respondents, absorption of the applicant in the post of Sr. Stenographer was contrary to Recruitment Rules, 2000 as it is explicitly clear that the composition of. the said DPC was made contrary to the Recruitment RUles, 2000 as two out of the three members of the DPC was not eligible to act as members. That apart, the method of recruitmehf for the post of Sr. Stenographer is by way of promotion, failing which by deputation. But in this case, the \ t\ ' ci borrowing depart.rnet' wit hQ a.sorbingthe. applicant in the post of Jr Sfenogphe s'alof Rs4000-6000/- where LE he joined on deputati absored him in the higher.post of Sr. Stengap: ntbwpay-scale of Rs.5000-8000/-.
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This had unfortunjly'renderee.-absorpfion of the applicant infructuous void ab nitiobnduntenable in law as per the said Recruitment Rules, 2000. The mistake if allowed to be continued, it will give rise to continued grant of illegitimate and undue benefit to the.:.; applicant. According to the respondents, the administrative error which was detected subsequently was set at right vide the impugned order dated 2/6.06.2017.
23. . Be that as it may, this court cannot wash out or inore the, fact that the applicant had rendered almost ten .years of 18 1f OA.350/0084912O17 with MA.350/0096/201 8 service under the respondent no.3. On completion of three years of service on deputations the applicant has sought permanent absorption in the borrowing department. It is also an admitted fact thdt services of the applicant were found to be satisfOctory as wasevident from the minutes of the DPC dated 24,08,2007. The applicant had already been released from his parent department w.e.f. 02.09.2007 (AN). Since then, the applicant had rendered almost ten years ..,of 1 service in the borrowing department The apiian ttQve' been absorbed in the
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post of Jr Stengrpher bi beLesppnent5 in their own wisdom absorbed him in the h1ger ct SteograPi1er for which the
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I L) applicant canr ot befafQ Th_lapse ofthe borrowing department, applica/cnotQIlOw&d, to suffer In the case of State of 0harashha. I .iagaflflathAChYUt Karandikar, .1989 Supp (1) SCC 3.3, the Hon'ble Supreme Court has held that making employees to suffer adversely for the default or lapse on the part of the Government itself, would be unjust unreasonable and arbitrary.
24. '. in view of the entire conspectus of the case, I am of the considered opinion that ratio laid down in the case of, J-agannath Achyut Karandikar (supra) is applicable in the facts 19. :.7 OA.350/00849/2017 with MA.350/001 96/2018 and circumstances of the present case and, therefore, if no protection is given to the applicant1 he will suffer irreparable loss in his service career for no fault of his own. Accordingly, I direct the respondent no.3 to reinstate the applicant in the post of Jr. Stenographer forthwith and absorb him in the post of Jr. Stenographer w.e.f. 03.09.2007 (forenoon) on which date he earlier was dbsorbed in the post of Sr. Stenographer on completed of three years. o yice on deputation. After such absorption, the saidresponderMSfUrther directed to consider the C. /}/'\\\ •/ to the post of Sr. case of the ir Stenographer a&per thelèevgrif.Recruitmeflt Rules within a period of three imonths'.fro~-)-,fhe dato,Lreceipt ofthis order.
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25. With thëabove'obIrVationS anddirections, the OA is disposed of. Consequently;MA.is also disposed of. There shall be no order as to cost.
(MANJULA DAS) JUDICAIL MEMBER /BB/ 20