JUDGMENT

Abhay Manohar Sapre, J.

1) This appeal is filed against the final judgment & order dated 17.11.2006 passed by the High Court of Gauhati in W.A. No. 106/2004.

2) In order to appreciate the issue involved in this appeal, which lies in a narrow compass, it is necessary to set out the relevant facts in brief infra.

3) The appellant is a reputed Technical Educational Institute in the country. It is known as "National Institute of Technology" (hereinafter referred to as “NIT”) at Silchar in the State of Assam. Till 28.06.2002, it was functioning as Regional Engineering College (hereinafter referred to as “REC”) in equal participation of State and Central Government. However, on and after 28.06.2002, it became fully owned Central Government Educational Institute under the exclusive control and supervision of Central Government and was accordingly named as NIT.

4) The respondent was originally appointed as Deputy Registrar (Accounts) on 17.07.1986 by the erstwhile REC in their Institute. After few years, the respondent, on being selected, was appointed as Registrar of the REC. However, he was asked to hold the post of Deputy Registrar (Accounts) till the said post was regularly filled