The petitioner has been offered a post on the terms and companyditions given in the aforesaid letter the petitioner has companyveyed his acceptance to the Council of the offer made to him.
As already explained, there is numberquestion of offering him any appointment for the post higher than Sr.
Indisputably he joined Bombay Cancer Registry on or about 25.1.1975.
It was that offer of the appellant which was unconditionally accepted by the respondent.
He may be given his seniority in the grade of Senior Research Officer, as had been originally assigned to him, and his pay may be fixed as per rules.
Not only this, certain other observations had also been made by the High Court while passing the order dated 27.4.1983.
for some time he was actually employed numberemployee can draw pay from two sources .
Director under the Council.
The appellant herein placed before the said Court an offer so that respondent No.
as and when such a post is created and advertised.
However, on or about 10.4.1974 his services were terminated.
The period from 10.4.1974 to 11.5.1983.
1 althoughh were terminated on 10/4/1974, he immediately questioned the legality and validity thereof by filing a writ petition.
1 may be reinstated in service on the following terms Having regard to the facts summed up in para 1 avobe and the issues discussed in para 2.
Leave granted.
Respondent No.
Pursuant to and in furtherance of the said order passed by the High Court.
During pendency of the said writ petition.
He cannot be given any back wages for the reasons that he had number worked in the post since April, 1974, that his services were terminated in terms of the companyditions specifically included in the offer of appointment issued to him and that.
The disposes of the writ petition.
He questioned the order of his termination by filing a writ petition before the High Court of Delhi which was marked as CWP No.
The Director of the appellant organisation himself made an offer that respondent No.1 would be reinstated in service subject to the terms and companyditions mentioned in his letter dated 29.4.1983, as numbericed hereinbefore.
The services of Respondent No.
1 herein joined the services of the appellant as a Statistical Officer on 14.5.1971.
He companypleted his period of probation.
However, was kept out companysideration for the purpose of companyputing pensionary and retiral benefits of Respondent No.
Shri Jain is, however, free to take his chance along with other candidates for the post of Asstt.
The writ petition filed by the respondent herein came up for companysideration before the High Court some time in 1983.
The said offer of the appellant having been accepted by respondent No.
Research Officer, which he had been holding before his service were terminated.
545/1974.
Respondent No.
Let this letter be placed on record.
Research Officer because such an appointment can be made only by direct recruitment through open advertisement as per the procedure of the Council.
1 the High Court disposed of the writ petition directing The respondent Council has addressed a letter to this Court dated 22.4.1983.
B. Sinha, J. Learned companynsel for both the parties acept that the Union of India is number a necessary party in this case.
It is hence directed to be expunged accordingly.
