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2024 Supreme(Del) 93

SURESH KUMAR KAIT, SHALINDER KAUR
Mahanagar Telephone Nigam Ltd. – Appellant
Versus
Balbir Gulia – Respondent


Advocates appeared:
Mr. Jasbir Bidhuri, Advocate, for the Appellant; Mr. M. K. Bhardwaj, Advocate, Mr. Priyanka M. Bhardwaj, Advocate and Mr. Arun Prakash, Advocate, for the Respondent.

JUDGMENT

Shalinder Kaur, J. - Challenging the order dated 12.03.2013 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as 'Tribunal') in Original Application No. 2455/2012 (hereinafter referred as 'OA'), the present writ petition has been filed under Article 226 of the Constitution of India. The learned Tribunal allowed the OA of the respondent for counting his past service rendered in Central Industrial Security Force (hereinafter referred as 'CISF').

2. To the extent necessary, we shall narrate the facts that the respondent joined CISF in the rank of Assistant Sub-Inspector (Sports) with effect from 01.10.1993 and continued to work till 20.05.2000. Petitioner No. 1 opted Wrestling as one of the core games and required a Wrestling Coach for its organization. To that effect, the Regional Sports & Cultural Board (hereinafter referred as 'RSCB') vide its letter dated 07.05.1999, inquired from CISF whether they would spare respondent's services, if he desired to join them on 'absorption basis' as he was found to be qualified/competent as a NIS Coach.

3. Thereafter, CISF vide letter dated 18.05.1999 informed General Manager (Admn.),

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