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2017 Supreme(SC) 636

A.M.SAPRE, SANJAY KISHAN KAUL
Mrigank Johri – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For Appellant(s) : Mr. K. Radhakrishnan, Mr. K.V. Jagdishvaran, Mrs. G. Indira, Adv.
For Respondent(s): Mr. Gurmeet Singh Makker, Mr. Sudarshan Rajan, Mr. B. Krishna Prasad, Mr. B. Ramana Murthy, Mr. Somesh Chandra Jha, Adv.

JUDGMENT

SANJAY KISHAN KAUL, J.

Leave granted.

1. The appellants were appointed as Junior Engineers (Electrical) in the All India Radio, New Delhi from time to time between 1987-1990. On an option being invited for deputation as Junior Engineers to the Electrical Wing of the Postal Department, the appellants opted for the same and memorandums were issued for their deputation in 1996. The initial period of deputation was two years but the appellants were desirous of permanent absorption in the Department of Post (hereinafter referred to as the ‘DOP’).

2. The All India Radio had become an autonomous body, namely, “Prasar Bharati” and it appears that some of the appellants thus did not want to continue in the parent cadre. The option was, however, available for the deputation to either go back to their parent cadre or seek absorption, as they did, on terms and conditions to be specified by the absorbing department, the DOP. The request made by the appellant No.4 clearly state that they would abide by the terms and conditions of absorption in the DOP. However, the other appellants in their requests for absorption requested for their previous seniority and service terms in the parent depar


















































































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