JYOTI SINGH
Lalit Narayan – Appellant
Versus
Union of India – Respondent
JUDGMENT
Jyoti Singh, J. (Oral)
1. Present writ petition has been filed by the Petitioner seeking the following reliefs:
"i) issue an appropriate writ, order or direction commanding the respondents to issue the correct offer of appointment dated 06.08.2015 indicating that the petitioner has been appointed on direct recruitment basis and after clarifying that he has not been appointed on deputation basis.
ii) The respondents be directed to treat the petitioner as having been appointed to the post of Deputy Director (Administration) on direct recruitment basis for all purposes.
iii) The respondents may further be directed to grant all consequential benefits including seniority, increments, pay fixation, further promotions, and all other benefits arising on the basis of treating the petitioner as having been directed recruited to the post of Deputy Director (Administration).
iv) issue an appropriate writ, order or direction for quashing and setting aside the impugned advertisement dated 21.07.2018 issued by the Respondent department."
2. Factual narrative that emerges from the writ petition is that Petitioner joined Respondent No.2/Pandit Deen Dayal Upadhyaya National Institute for Pers
The central legal point established in the judgment is that the appointment mode for a government post must adhere to the relevant Recruitment Rules and the concept of deputation, requiring consent a....
Only aggrieved persons with the requisite eligibility can challenge appointments, and the true nature of an appointment must be assessed beyond its terminology.
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....
Point of Law : deputation can be aptly described as an assignment of an employee of one Department or cadre or even an Organisation, to another Department or cadre or Organisation and the necessity f....
The main legal point established in the judgment is that the eligibility of a candidate for a deputation post must be determined based on the specified criteria in the notification and relevant regul....
A deputationist has no vested right to permanent absorption unless expressly provided by statutory rules or regulations in force.
The main legal point established in the judgment is that the petitioner had no vested right to continue as the Director after the deputation period of 5 years expired, as the same was not extended up....
Point of law: Whilst it is true that limitation does not strictly apply to proceedings Under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unr....
Consent is not required for posting to a government-controlled body, and the equivalence of posts negates claims of adverse impact on service conditions.
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
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