19) In the present case, Petitioner has shifted from the services of Terna
Polytechnic to Terna Engineering College on 1 July 2004. Till 30 June
2004, he was in service in Terna Polytechnic. There is no break in service
between the two spells. Though Petitioners are at pains to demonstrate
before this Court that the two Educational Institutions are distinct legal
entities, it is the case of Respondent that he was ‘transferred’ from Terna
Polytechnic to Terna Engineering College by the management. There is no
dispute to the position that the same management operates both
institutions. The Appellate Authority, while deciding previous rounds of
Appeals by Order dated 13 January 2017, has gone into the issue of
continuity between two services. It has placed reliance on the relieving
letter referring to the Order of Terna Public Charitable Trust dated 5 June
2004. On the basis of said relieving letter, the Appellate Authority had
drawn an inference that there was the ‘transfer’ of services of Respondent
from Terna Polytechnic to Terna Engineering College. No serious challenge
made to the said observations of the Appellate Authority. To prove that the
services rendered in the two colleges are distinct, it was incumbent for
Petitioners to prove that Respondent made an application to Terna
Engineering College for appointment, either in pursuance of an
advertisement or otherwise. That he was subjected to selection process or
atleast interviewed and then oferred an appointment. The appointment
order, if any, issued by Terna Engineering College is not placed on record.
It is therefore difficult to hold that Respondent was freshly ‘recruited’ in
Terna Engineering College. From the contents of the relieving letter as well
as absence of any gap between the two spells of services, in my view, no
serious error can be found in the Appellate Authority's conclusion that
services of the Respondent were actually ‘transferred’ from Terna
Polytechnic to Terna Engineering College. I am therefore of the view that
there is continuity of service between the two spells.
