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1995 Supreme(Cal) 174
IN THE HIGH COURT AT CALCUTTA
Satyabrata Sinha and Basudeva Panigrahi, JJ.
Director of Administrative Training Institute & Ors. – Appellants
Versus
Sri Subhas Chandra Misra & Anr. - Respondents
AND
Mrinal Kanti Chattopadhyay - Appellant
Versus
State of West Bengal & Ors. – Respondents
F.M.A.T. No. 3467 of 1992 & F.M.A.T. No. 422 of 1993
Decided On : May 16, 1995
Advocate Appeared:
Mr. Bikash Ranjan Bhattacharyya and Dilip Kr. Chatterjee for the Appellants
Mr. Subodh Ch. Ukil and Mrs. Chhabi Das (Roy) for the State
Mr. Pradip Kr. Tarafdar and Debabrata Saha Roy for the Respondent No. 5
Headnote:
ADMINISTRATIVE LAW - DEPUTATION - ABSORPTION - PROMOTION - SENIORITY - NATURAL JUSTICE: 1. A deputationist has no legal right to be absorbed in the borrowing Department. 2. If a deputationist is allowed to work for a number of years in the establishment of the borrowing Department on the assurance that he will be absorbed permanently, the Government has no right to back out from their commitment. In such situation the principle of promissory estoppel shall be applied. 3. Even in the absence of recruitment Rules the Government's right to permanently absorb the deputationist is not in any manner fettered or restricted. The authority has untrammeled power to absorb the writ petitioner in the office of ATI. 4. The question of seniority of the deputationist will be only considered as and when the writ petitioner shall be absorbed finally. 5. The deputationist has no right to claim principle of natural justice as thereby there was no breach of statutory obligation. All the same the authorities should sympathetically consider about the continuance of the respondent in the post of Accountant.
Fact of the Case:
The respondent was working in the Orientation and Study Centre, Kalyani since 1964. The centre was a Training Institute which was under the control of the then community Development Department of the Government of West Bengal. In 1967 he was promoted to the post of Cashier-cum-Store Keeper at the centre: The Administrative Training Institute was set up in or about 1978. The then Director of ATI wrote to the Principal, requesting him to allow the respondent No. 5 on deputation to the borrowing Institute on promotion. Accordingly, the Principal, Orientation and Study Centre agreed for sparing respondent No. 5 to the ATI and thus, forwarded his Bio-Data.
Finding of the Court:
1. The impugned orders are set aside. 2. In the result, both the appeal succeeds but in the circumstances the parties are to their costs.
Issues: 1. Whether a deputationist has any right to be absorbed on a deputation post? 2. Whether he could be given any higher post with higher pay of scale?
Ratio Decidendi: 1. A deputationist has no right to be absorbed in the borrowing Department whatever length of service he has put in that establishment. 2. The Government's right to permanently absorb the deputationist is not in any manner fettered or restricted. The authority has untrammeled power to absorb the writ petitioner in the office of ATI.
Final Decision: Both the appeal succeeds but in the circumstances the parties are to their costs.
Panigrahi, J.
These two appeals are directed against the Judgment and order passed by a Single Bench of this Court in C.O. No. 13788 of 1990 and C.O. No. 13796(W) of 1990, whereby the learned Single Judge directed the authorities, i.e. Administrative Training Institute, to regularise the services of the respondent No. 5 in the post of Accountant and dismissed the application of the appellant in F.M.A.T. No. 3467 of 1992.
2. The respondent No. 5 was working in the Orientation and Study Centre, Kalyani since 1964. The centre was a Training Institute which was under the control of the then community Development Department of the Government of West Bengal. In 1967 he was promoted to the post of Cashier-cum-Store Keeper at the centre: The Administrative Training Institute was set up in or about 1978. The then Director of ATI wrote to the Principal, requesting him to allow the respondent No. 5 on deputation to the borrowing Institute on promotion. Accordingly, the Principal, Orientation and Study Centre agreed for sparing respondent No. 5 to the ATI and thus, forwarded his Bio-Data. On 19th January 1979, the then Director addressed a letter to the Secretary. Home (Personnel and Administrative Reform) (P & AR) Department, Government of West Bengal for creation of staff for the ATI. It was stated that the post of accountant in the said office had to be filled up without delay. It is indicated that the respondent No. 5 having possessed proficiency in accounts and long standing experience who would be very useful in organizing the Institute should be brought on deputation. The Secretary, on the other hand was requested to arrange for the release of respondent No. 5 by the CD Department. On 3rd February, 1976 the Deputy Secretary Home (P & AR) Department wrote to the Secretary Agricultural and CD Department stating that since, the post of accountant was created in the ATI which had to be filled-up immediately to enable smooth management of the office. The Secretary, Agricultural CD Department was requested to let Home (P & AR) Department know whether the respondent No. 5 could be immediately spared for appointment to the post of accountant in the ATI on a purely temporary basis. The Deputy Secretary, Department of Panchayat and Community Development in letter dated 3rd April, 1979 expressed that the Department had no objection to spare the services of Sri Misra for the said post. The Home (P & AR) Department wrote to the Director ATI on 7th May, 1979 relating to the appointment of respondent No. 5 in the post of Accountant; requesting him for issuance of the necessary order. It is indicated that the terms of deputation to be finalised after consulting with the Finance Department. From the subsequent correspondence with the Home (P & AR) Department it reveals that in future some problems might arise in case the respondent No. 5 was not absorbed in the borrowing Department as an Accountant. It was proposed that the promotion to the post of Accountant, be given to the respondent No. 5. Accordingly, after consultation with the Director ATI it was decided to fill up the post of Accountant by SCM in the scale of pay of Rs. 330-10-400-15-550/- in terms of Home (P & AR) Department's order No. 1690 P.A.R(Trag.)/3T-26/79 dated 19.9.1979 for a period of one year with effect from the date of his joining. Copies of the letter was also sent to the parent Department, Principal, Orientation and Study Centre with a request of his immediate relief. However, for some reason or other the respondent No. 5 could not be immediately released from his parent Department for taking up his post in ATI. Therefore, the Government in the Home (P & AR) Department took a decision to find out another suitable person for the post of Accountant in ATI in the scale of Rs. 450-675/-. The ATI requested the concerned Employment Exchanges for sponsoring suitable candidates for the post of Accountant. The names of 7(seven) candidates were forwarded including the appellant
