Judgment

S.B. Sinha, J.—Leave granted.

2. The First Respondent herein was appointed on deputation as Chief Engineer of the Public Works Department, Government of Pondicherry on short term deputation/temporary basis pending selection of the regular incumbent by the Union Public Service Commission (UPSC) with effect from 1.7.2004. He was repatriated to his parent department on 14.2.2005 and relieved off from his duties on the same day. Questioning the same, an original application was filed before the Central Administrative Tribunal on 25.2.2005 praying interlia therein :

“....it is humbly prayed that this Hon’ble Tribunal may be pleased to quash the order passed by the 2nd Respondent in No. A.22012/I/PW-1/A1/2002 (Part) dated 14-2-05 as illegal and unconstitutional and thus render justice.”

3. R. Sundar Raju (Appellant in the connected appeal), Superintending Engineer, having three years experience, who was holding the current charge of the duties of the post of Chief Engineer at that time, in the meanwhile had filed an application questioning the deputation of the First Respondent herein. In the said original application, Government of Pondicherry inter alia raised a contention that he