UNION OF INDIA Vs. ASIT KUMAR BISWAS
LAWS(CAL)-2010-2-68
HIGH COURT OF CALCUTTA
Decided on February 10,2010

UNION OF INDIA Appellant
VERSUS
ASIT KUMAR BISWAS Respondents

JUDGEMENT

- (1.)Petitioners herein are aggrieved by and dissatisfied with the judgment and order dated 8th July, 2008 passed by the learned Central Administrative Tribunal, Calcutta Bench in O.A. 864 of 2007 whereby and whereunder the said learned Tribunal quashed the order of repatriation issued to the respondent No.1 herein and allowed the said respondent No.1 to work in the EDP centre on ex-cadre basis.
(2.)From the records we find that the respondent No.1 herein worked in the EDP centre from 16th July, 1989 to 20th January, 1996 and thereafter, the said respondent No.1 joined the EDP centre afresh on 13th May, 2005. It is not in dispute that in terms of the circular dated 27th March, 2007 issued by the Senior EDP Manager of the South-Eastern Railway, respondent No.1 herein opted for absorption in the same grade of Sr. Console Operator. The senior EDP Manager of the South-Eastern Railway issued the aforesaid circular dated 27th March, 2007 following the instructions of the Railway Board.
(3.)Even though the respondent No.1 opted for absorption in the same grade of Sr. Console Operator, the prayer for retention in the I.T. Department was rejected by the Senior EDP Manager of the South-Eastern Railway on the ground that the said respondent No.1 was not eligible to apply for I.T. cadre since he did not hold ex-cadre post in the EDP centre on 1st April, 2005 and accordingly, the respondent No.1 was repatriated to the parent cadre of Senior Personnel Inspector, Group I.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.