Central Administrative Tribunal Mumbai Bench: Mumbai This the 20^th day of November, 2025 Hon’ble Mr. Justice M.G. Sewlikar, Member (J)

Hon’ble Mr. Sangam Narain Srivastava, Member (A)

Ashish Kumar khare, S/o Shri U.K.Khare Jr. Translation Officer Fishery Survey of India, Sassoon Dock, Colaba, Mumbai-5 E-mail: ashish_k22@yahoo.com -Applicant (In Person)

Versus Union of India & others Represented by

1. The Secretary, Department of Fisheries, Ministry of Fisheries, Animal Husbandry & Dairying Krishi Bhawan, New Delhi- 110 001 Email: secy-fisheries.nic.in K N u ic m k a y r i DD53a7fRLDF a 7148 oo iN ea g097a cx at , :i eai 1c50 t s t C aC : 1 t 4,eo Pi l No2 =57P5n y Dn0 cI2 f=: o N c s a :2F 9 NI s 0 i,9 5 6g t a 1i R a Oe . c 3n m1 blk e bC2e= 2 6y a 11dP t o . b h d f 1 4 K dee 3 b e e0 e ue r d y r sa am=f 1 1 do V Nc u7 82a fna e t i 0 : 2e c hr 3 af r 6 i37 a k s o1 l,802 b y i r :o O e 3 1 eo K n 6 1 24 c I f : uD + c4,e t 2 m h0S 0 b. 0 2d ie 5 1= a s . 2 37 ' c5r B 34 d 9 i7 f . 0 i8 4 . o eh0 3' c . c a56 . 4 0 u 2r95 b, m 9 = fS53 0 e E66 , n 8RP t 9cIhA51 offLn64Neff96U=1f5Mab3BdbE943R0f=5c629b7ed233892794af5

2. The Director General, Fishery Survey of India, Plot No. 2A, Unit No. 12, Sassoon Dock, Colaba, Mumbai-400 005 E-Mail: dg-fsi-mah@nic.in

3. The Head of Office, Fishery Survey of India (HQ), Plot No. 2A, Unit No. 12, Sassoon Dock, Colaba, Mumbai-400 005 E-mail: dg-fsi-mah@nic.in

4. The Central Public Information Officer, Fishery Survey of India, Plot No. 2A, Unit No. 12, Sassoon Dock, Colaba, Mumbai- 400 005.

E-mail: dg-fsi-mah@nic.in - Respondents (By Advocate Mr. N.K. Rajpurohit)

ORAL ORDER

Per: Justice M.G. Sewlikar, Member (J)

The applicant is seeking the relief of relieving him for joining the post on deputation.

2. Facts in brief are that the applicant is working as Junior Translation Officer which is an isolated post of Group 'B', Non-gazetted, in the pay scale of Level-7 in Fishers Survey of India.

3. It is contended that a notification was published in the employment news dated 21st September, 2024 by the Central Board of Direct Taxes (CBDT), Department of Revenue, Ministry of Finance, Government of India inviting application for the post of Assistant Director (Official Language) in the pay scale of Level-10, Group ‘A’, Gazetted Officer, on deputation for a period of three years. The applicant applied for the said post through proper channel with a request to respondent no. 2 to forward his application for the said post. Respondent no. 2 forwarded the application of the applicant without any condition. The applicant came to be selected for the said post and offer of appointment was given to him vide order dated 01^st September, 2025. The applicant applied to the respondents for his relieving. The respondents are not relieving him and, therefore, the applicant has approached this Tribunal for his relieving.

4. The respondents filed their reply. From the tenor of the reply, it is seen that the respondents have no objection for relieving the applicant but their only contention is that for translation of Hindi into English. They contend in the affidavit that they made attempts for filling up the post but they did not get suitable candidate. Therefore, the applicant cannot be relieved. They contend that they have made a request to the borrowing department vide letter dated 07^th November, 2025 (Annexure-R-1) detailing all the difficulties faced by the respondents and requested the borrowing department to extend the date of joining of the applicant. They, therefore, contend that the applicant can be relieved only after post is filled.

5. We have heard applicant in person and learned counsel for the respondents.

6. Applicant contends that the respondents forwarded his application without putting any condition. Now the respondents are estopped from raising any such ground for not relieving the applicant. He has placed reliance on the case of Debendranath Sahoo versus Union of India & Ors. in WP (C) No. 12754/2025 (Orissa High