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          IN THE SUPREME COURT OF INDIA              CIVIL APPELLATE JURISDICTION

   CIVIL APPEAL NO.1693 OF 2009  (Arising out of SLP(C)No.9469 of 2005)

BALRAM SHARMA                                       .....APPELLANT(S)

VERSUS

UNION OF INDIA & ANR.                              ....RESPONDENT(S)

O  R  D  E  R

Leave granted.

This appeal has been filed at the instance of Mr.Balram Sharma, the appellant herein who

was working with the respondent-Corporation and he was employed under the Sports Quota since

he was the cricketer of  repute. He joined at Baroda and was thereafter posted at New Delhi.  It is

pointed  out  that  he  represented  the  respondent-Corporation  in  various  All  India  Cricket

Tournaments  till  March,  1999  and  his  performance  was  outstanding  insofar  as  the  game  is

concerned.  By Order dt.16.03.1998, the appellant was transferred from Delhi to NRBC Jammu.

His case is that on account of serious illness of his mother who was mentally retarded and continued

to in a critical condition, he could not go.  He further pleaded that as he is a category I sport person,

he could not have been shifted from Delhi to Jammu.  The appellant was  permitted to rejoin duty at

New Delhi on 21.12.1998.  However, after about fifteen months, an order was passed on 16.06.1999

that the transfer order of the appellant was deferred till 15.11.1999 subject to the condition that the

deferment would  result  in  delayed consideration  of  his  promotion  for  the  equivalent  period  of

time/promotion year.  It seems that some other orders were passed.  The appellant represented to

the respondent that he could not report on account of his mother's ill-health and that the transfer

order should be kept in abeyance.  In the meantime, his mother passed away on 15.07.2000.  

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The appellant was served with a Memorandum dt.29.07.2000 stating that since he has not

reported for duty at NRBC, Jammu after availing usual joining time after 01.12.1999, therefore, he

was  being  treated  as  unauthorisedly  absent  from  his  duty  with  effect  from  01.12.1999.   The

respondent wanted to invoke provisions of Rule 14(5) of ONGC Leave Rules, 1995 read with Rule

14(2) and 14(4) of the said Rules.  He was also directed to give his explanation about his absence.   

The appellant replied to the show cause notice dated 29.07.2002 issued by the respondent-

Corporation and informed them about the death of his mother and requested for reconsideration of

the matter on the humanitarian ground.  His letter seems to have been considered by the Director

(Personnel) however, he did not agree with the same.  But no show cause notice invoking Rule 14(5)

issued  after  rejection  of  the  representation  on  14.08.2000  was  issued.   Ultimately,  an  order

dt.08.11.2000 was issued by which it was held that the appellant was deemed to have resigned from

his  appointment  with  effect  from  29.02.2000  (AN)  though  the  appellant  was  sanctioned

extraordinary leave for the period of 01.12.1999 to 28.02.2000.   

The said order was served on the appellant only after 15.11.2000.  The appellant earlier had

reported for duty to DGM (Exploration), NRBC, Jammu.  However, he was not allowed to join the

duty.  The appellant then wrote to the Director (Personnel), ONGC that his joining report was not

accepted.   A  fresh  representation  was  made  but  the  same  was  not  considered  favourably.

Ultimately, the appellant filed a Writ Petition before the High Court challenging the order directing

his  deemed resignation.   The  petition was  dismissed by the  learned Single  Judge.   The Letters

Patent Appeal was also dismissed and that his how the appellant came before us.   

Realising  the  fact  that  the  appellant  is  an  active  player  of  good  standard  and  is  also

categorised  as  an  active  player  and is  included  in  category I,  we  were  of  the  opinion  that  the

respondent-Corporation  would  do  well  in  considering  the  representation  of  the  appellant

favourably.   This  was  only  in  order  to  save  the  appellant  who  represented  the  respondent-

Corporation in various All India Cricket Tournaments and had won many awards.  We, therefore,

suggested to Mr.K.P.Pathak, learned ASG appearing on behalf of the respondent that taking into

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consideration  the  outstanding  performance  of  the  appellant  in  the  field  of  sports  and  further

considering the policy of the State to encourage the sports whether it would be possible for the

respondent-Corporation to re-consider the decision.   

Fortunately,  learned  ASG  appearing  on  behalf  of  the  respondent  informs  us  that  the

respondent-Corporation has re-considered the decision and has decided to take the appellant back

in service from the date he was deemed to have resigned from his post.  Learned ASG further made

it explicit that no back wages would be payable to the appellant and he will have to undertake to

comply with the further directions, if any, passed by the respondent-Corporation.  

Learned  counsel  for  the  appellant  informs  us  that  the  appellant  is  prepared  to  give

undertaking to the respondent-Corporation that he would faithfully comply with all the directions

which would be hitherto issued to him.  The appellant would further not be entitled to any back

wages whatsoever during the period that he has not served and he would start from where his

services were deemed to have been terminated.   

However, learned ASG makes it explicit that this should not be treated as a precedent so that

it should not inculcate the feeling of indiscipline in other employees and this should be treated as a

special case.  We accordingly hold that this should be treated as a special case and it should not be

deemed as a precedent.     

With this observation, the appeal is disposed of.  No costs.

We appreciate the initiative taken by the respondent-Corporation in the interest of sport.  

                   .............................J.                               ( V.S.SIRPURKAR )

                   .............................J.                               ( H.L.DATTU )

NEW DELHI; MARCH 17, 2009.

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