Attiq Ahmed v. The Lt. Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/461/2023 Attiq Ahmed Vs.

The Lieutenant Governor and others Mr. M.P. Kamaraj ... for the petitioner Ms. Anjili Nag ... for the respondents March 17, 2023 [SR] Item No.8 The matter relates to the service of the petitioners where they could not join due to delay in issuing release order. They were given offer of appointment by the Andaman and Nicobar Islands Integrated Development Corporation Limited (ANIIDCO). The petitioners were working in Andaman and Nicobar Administration, Directorate of IP&T. They got their release order after more than one year and ANIIDCO did not want to absorb them for delay as in their offer of appointment as appears from Annexure P-5 of the writ application (vide page-28), it has been submitted that the offer of appointment would be treated as cancelled on expiry of thirty days from the date of issue of offer of appointment. The offer of appointment was issued on 24th January, 2020. Therefore the offer of appointment expired on 23rd February, 2020.

Learned advocate for ANIIDCO has produced a letter written by ANIIDCO to the Directorate of IP&T that it was not

possible for them to absorb the petitioners in the service, which were offered.

Subsequently, the petitioners were allowed to join again in the Directorate of IP&T from where they were released on 7th December, 2020. Since then they are working with the said Directorate of IP&T.

Whatever be the letter written by the ANIIDCO to the Directorate of IP&T, it appears that the petitioners accepted the position of the refusal to absorb them by ANIIDCO and they have gone back admittedly to the Directorate of IP&T and are now working there.

In view of such situation, the petitioners cannot blow hot and cold at the same time i.e. after acceptance of direction of ANIIDCO as to non-absorption and after acceptance of the service in their earlier organization, they cannot come before this Court praying relief for allowing them to join ANIIDCO.

Therefore, I do not find any merit in this application and the same is dismissed.

( Abhijit Gangopadhyay, J. )