Reserved (On 25.09.2024)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH JABALPUR Dated : This the _28^th day of November_ 2024 Hon’ble Mr. Justice Akhil Kumar Srivastava, Member (J)

Hon’ble Ms Mallika Arya, Member (A) Original Application No. 713 of 2023 Shri Pranav Pandey S/o Late Shri Damodar Prasad Pandey, aged 35 years, permanent resident of 1935, Katiya Ghat Road, Shivpuri, Jabalpur (MP) 482001 present: address: B-26, Nikhil Bunglow, Hoshangabad Road, Bhopal-462026.

…….Applicant By Adv: Shri A.S. Raizada V E R S U S

1. All India Council for Technical Education Ministry of Education Government of India, head office at nelson Mandela Marg, Vasant Kunj, New Delhi-110070. Through Director (Admin).

2. All India Council for Technical Education, Ministry of Education Government of India, Head Office at Nelson Mandela Marg, Vasant Kunj, New Delhi-110070. Through Chairman.

PIYUPIYUSH SH CHAND RA ……..Respondents CHA 2024.12.

NDR 02 A +05'30' By Adv: None

O R D E R

By Ms. Mallika Arya, JM The applicant by way of filing the instant original application the applicant has prayed to set aside the impugned order dated 13.05.2022 and 24.05.2022 for cancellation of offer of appointment and to issue the formal letter of appointment disclosing the basic pay (after fixation) to the applicant in terms of clause 4 of the offer of appointment dated 15.12.2022.

2. The facts of the case are that the respondent issued the advertisement dated 12.02.2021 inviting application for the post of Dy. Director and Assistant Director in AICTE. In Clause 'h' of the advertisement it is specifically mentioned that, “Appointment letter for joining to the post will be issued only after verification of documents." The offer of appointment was issued to the applicant on 15.12.2021, wherein it was specifically mentioned at point no. 4 that, "this letter is issued only for the purpose of ascertaining the willingness for the post of Assistant Director in the council and it may not be construed PIYUPIYUSH as letter of appointment. Formal appointment letter will be SH CHAND RA CHA 2024.12.

NDR 02 issued after receiving confirmation from the

13:25:23 A organization/successful completion of the medical examination and character and antecedents certified 'Satisfactory' by the concerned District Civil Authorities". The applicant vide letter dated 19.12.2021 accepted the offer of appointment with all terms and condition except the condition at Clause (b) and raised his concern regarding the protection of pay as per DOPT rules and also requested for time of 90 days from the date of receipt of appointment letter for the purpose of serving notice to the present employer. The Respondent allowed the extension of 90 days and protection of pay as per DOP&T rules vide letter dated 06.01.2022. The applicant accepted the revised letter of offer of appointment vide letter dated 10.01.2022 and requested for issuance of formal appointment letter. The respondents gave the deadline of joining the AICTE by 15.05.2022 failing which the letter of offer of appointment dated 15.12.2021 will stand cancelled and clarified that the appointment letter will be issued only after joining the post and fixation of salary will also be done after joining the respondent's. The applicant clarified his concern in letter dated 16.02.2022 that he is in permanent service in a PSU Indian bank serving as Chief PIYUPIYUSH Manager, presently posted at Zonal Office Jabalpur. He is bound SH CHAND RA CHA 2024.12.

NDR 02 by the rules of the present employer to serve a notice of 90 days

13:25:23 A before leaving the present job and there is no provision of technical resignation/ mark lien on the post. That is why he is required to resign from the present post to join the respondent's organization for which it is necessary to know the terms of service and also the protected salary as per the existing DOP&T Rules. The respondents refused to issue the formal letter of appointment before joining there organization and gave the deadline o