Judgement

N. P. SINGH, J.:- This appeal has been filed on behalf of the Fertilizer Corporation of India Ltd. (hereinafter referred to as the Corporation) for setting aside the judgment dated 24-9-1990 of the High Court by which the writ petition filed on behalf of respondent No.4, Shri D.K. Jain, (hereinafter referred to as the respondent) has been allowed and a direction has been given to the appellant - Corporation to take back the said respondent in service as Director (Finance) w.e.f. 20-4-1986. A further direction has been given that in case the post of Director (Finance) had already been filed up by some other incumbent and it was not possible to appoint the respondent against the said post, then he should be appointed in another equivalent post with all consequential benefits.

2. The respondent joined the Indian Audit and Accounts Service in the year 1958 and was holding a substantive post in junior administrative grade of Rs.1500 - 100 - 3000 w.e.f. 15-7-1982. While the respondent was working as Joint Adviser (Finance), bureau of Public Enterprises, on deputation from his parent cadre of Indian Audit and Accounts Service, he was selected by Public Enterprises Selection Board