Jagdish Moorthy v. Union Of India And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** WP.CT/27/2023 Jagdish Moorthy Vs.

Union of India and others Mr. Gopala Binnu Kumar ... for the petitioner Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the respondents August 23, 2023 [SR] Item No.4 The petitioner, presently a retired employee, seeks absorption in the Directorate of Shipping Services. The case of the petitioner is that he was initially serving in the Andaman Adim Janjati Vikas Samiti (AAJVS). His service was thereafter transferred to the Directorate of Shipping Services in the year 1994 and his pay and allowance was paid by the original employer i.e. AAJVS.

The prayer of the petitioner seeking absorption was taken up for consideration and by a communication dated 28th July, 2006 by the Director (Administration), Directorate of Shipping Services addressed to the Assistant Director (Shipping), Andaman and Nicobar Administration, it was communicated that the present method of recruitment as given in the Recruitment Rule may not be possible to absorb the petitioner in the Directorate in permanent capacity as the posts are to be filled up either by promotion or by direct recruitment. There was no method envisaged as transfer on deputation or absorption.

The same was to be examined in consultation with the personal department and law department to find out a suitable course of action by way of effecting necessary changes in the Recruitment Rule or otherwise, if the decision of the Hon'ble Lieutenant Governor is to be implemented. The matter was forwarded for necessary action.

It appears that, till date, there has been no scheme implemented for absorption of the staff of AAJVS. No amendment has either been made in the service rules allowing absorbtion.

The petitioner, on his retirement, is covered under the Employees Provident Fund Scheme and the contribution of the petitioner was continued to be subscribed, till his retirement from AAJVS.

After hearing both the parties, in details, it appears that the prayer of the petitioner seeking absorption cannot be allowed in the absence of a regular scheme or amendment in the Recruitment Rule.

In view of the above, no relief can be granted in the instant case.

The writ petition fails and is hereby dismissed. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J. ) ( Ananya Bandyopadhyay, J.)