JUDGMENT

V. Kameswar Rao (Oral)

1. The challenge in this writ petition is to orders dated August 09, 2003 and April 16, 2002. The order dated April 16, 2002 is an order of the Full Bench passed on a reference made because of the difference of opinion between Two Benches with regard to the issue. The order dated August 09, 2003 is an order of the Division Bench passed pursuant to the judgment of the Full Bench answering the reference whereby the Division Bench has decided the O.A. in favour of the respondent herein.

2. The short issue which arises for consideration is whether a government employee, who has come on deputation and absorbed in the borrowing department shall be entitled to the counting of service of his parent office for the purpose of seniority.

3. The Full Bench of the Tribunal has decided the issue based on the judgment of the Supreme Court in S.I. Roop Lal & Anr. vs. L.G. Delhi & Ors., 2000(1) SCC 644, in the following manner:

"14. On behalf of respondents a plea of acquiescence on applicant's part has been raised. It has been contended that once applicant in his option exercised on 14.12.1992 had given his acceptance for absorption as SA(G) in IB in accordance wit