Indian Tourism Development Corporation Ltd v. Sri Kant Sharma

SANJIV KHANNA, J. dk/pk

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment Reserved on: 5th May, 2011 % Judgment Pronounced on: July 04, 2011 +1. WP (C) No. 555/2011 INDIAN TOURISM DEVELOPMENT CORPORATION LTD. ..... Petitioner Through: Mr.Ujjawal K. Jha and Mr. Kanwaljit Singh, Advocates. Versus SRI KANT SHARMA ..... Respondent Through: Mr.Som Dutt Sharma and Mr.Gaurav Bhardwaj, Advocate. 2. WP (C) No.2522/2011 SRI KANT SHARMA ..... Respondent Through: Mr.Som Dutt Sharma and Mr.Gaurav Bhardwaj, Advocate. Versus INDIAN TOURISM DEVELOPMENT CORPORATION LTD. ..... Petitioner Through: Mr.Ujjawal K. Jha and Mr. Kanwaljit Singh, Advocates. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA Whether reporters of the local papers be allowed to see the judgment? Yes To be referred to the Reporter or not? Yes Whether the judgment should be reported in the Digest? Yes DIPAK MISRA, CJ In these two writ petitions the assail is to the order dated 8.10.2010 passed by the Central Administrative Tribunal, Principal Bench (for short the tribunal) in OA No.3616/2009 whereby the tribunal has allowed the original application on the bedrock that the plea of acceptance of resignation by the employer, Indian Tourism Development Corporation Ltd. (for short the Corporation) cannot be countenanced in law and, hence, the employee is entitled to reinstatement in service but without backwages along with all consequential benefits including considering of his claim for promotion to the post of Manager from the due date within a period of two months from the date of the receipt of the order passed by it. 2. Be it noted, the Corporation has preferred W.P.(C) No. 555/2011 by which challenge is made to the order of the tribunal, inter alia, directing reinstatement of employee and the employee has preferred W.P.(C) No.2522/2011 as there has been denial of backwages to him while directing reinstatement. Regard being had to the singular order passed by the tribunal and the inextricable link between the two writ petitions, they were heard analogously and are being disposed of by this common order. 3. The factual score, which is required to be exposited after filtering the unnecessary details, is that the applicant in the original application before the tribunal (hereinafter referred to as "the applicant – employee") had joined the Corporation as an Accountant and was promoted as Senior Accountant in 1994. On 16.6.1998, he was again promoted as Assistant Manager (F&A) and was confirmed on the said post in June 1999. He was posted as Assistant Manager (Accounts) at Hotel Ashok. On 27.11.2003, a voluntary retirement scheme was introduced and the applicant – employee applied for the same, but his claim was turned down. He was recommended for officiating promotion as Manager (Accounts) by the reviewing officer on 8.6.2007. Prior to that, on 15.9.2006, eligible candidates for 16 posts of Manager which is a selection post were notified and the Departmental Promotion Committee met on 14th and 19th December, 2006. As set forth, the applicant-employee was placed at serial no. 4 amongst the successful candidates, securing 137 marks out of 165 but the management Corporation instead of filling 100% vacancies withheld 20% of the posts for direct recruitment. Because of the aforesaid situation, the applicant-employee could not be promoted but the persons junior to him, though had secured lower marks than him, were selected. This led the applicant-employee to send a letter of request on 30.3.2007 to the Chairman-cum-Managing Director of the Corporation tendering his resignation. 4. It was averred in the original application that when the resignation was tendered he was called by the General Manager and was assured of redressal of his grievances and due to that he had written a note on his resignation letter that he did not want to pursue the matter. Despite assurance given by the General Manager, when nothing positive ensued, the applicant-employee feeling depressed, withdrew his note/lette