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SATISH CHANDRA SHARMA, SUBRAMONIUM PRASAD
K. Z. Khan – Appellant
Versus
National Commission For Women – Respondent
JUDGMENT
Satish Chandra Sharma, C.J.
1. The present LPA has been filed under Clause 10 of the Letters Patent Act arising out of an order dated 24.01.2022 passed in W.P.(C.) No. 2622/2022 titled K. Z. Khan VS. National Commission For Women And Ors.
2. The facts of the case reveal that the Appellant was appointed on the post of Junior Stenographer-Cum-Clerk-Cum-Typist in the National Projects Construction Corporation Limited (Respondent No. 5 herein) on 03.01.1990, and while serving the Corporation he was posted on deputation by an order dated 24.04.2020 for a period of two years as Private Secretary to the Chairperson of National Commission for Women (Respondent No.1 herein).
3. The Appellant reported on duty as Private Secretary with effect from 24.04.2020 for a period of two years.
4. The facts of the case further reveal that the Appellant on 05.11.2020 got infected with COVID-19, and, as stated by him, he was discharging his duty online. He was on sick leave from 05.11.2020 to 30.11.2020.
5. The Appellant while he was working on deputation was promoted by his Parent Organization by an order dated 29.09.2021 from the Post of Senior Assistant Grade-1 (PA) to the Post of Assist
The main legal point established is that repatriation can be justified based on unsatisfactory performance and an employee's own undertaking, and the requirement of a three months' notice may not app....
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
Premature repatriation of a deputationist must comply with natural justice principles and procedural norms, and authority must be competent as per relevant statutes.
Service Law - Post of Presenting Officer – Sought to Direct respondent to continue petitioner on deputation till expiry of this remaining tenure as extended by the Competent Authority with all conseq....
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
In case of 'appointment on deputation', employer cannot claim employee has no right to continue till completion of deputation - Director's decision not to extend deputation must be based on evaluatio....
The court upheld the constitutionality of the seven-year limit on spousal deputation, emphasizing equitable opportunity distribution and administrative discretion in policy formulation.
A government employee on deputation does not have an absolute right to choose when to move to another department, and the refusal of the parent department to issue a No Objection Certificate (NOC) fo....
The court emphasized the importance of considering the petitioner's absence period and performance in the APAR, and directed the authorities to comply with the instructions and decide on the pending ....
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