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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Kuldeep Singh - Appellant
Versus
Union of India - Respondent
W.P.(C) 12004 of 2022
Decided On : 18-08-2022
| Table of Content |
|---|
| 1. application allowed; petition disposed. (Para 1 , 2 , 8) |
| 2. petitioners seek to quash premature reversion. (Para 3 , 4 , 5) |
| 3. court directs compliance with advance notice. (Para 6 , 7) |
CM APPL. 35835/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
W.P.(C) 12004/2022 & CM APPL. 35834/2022 (for stay)
3. By way of the present petition, petitioners seek the following reliefs:
"(i) Issue of Writ of Certiorari for quashing of the order dated 05.08.2022 to the extent whereby the respondents have included the names of the petitioners amongst the officers whose deputation in Delhi Police have been prematurely reversed and cancelled; and
(ii) Issue of Writ of Mandamus directing the respondents to allow the petitioners to continue at their deputed organization, i.e. Delhi Police for a minimum of at least the approved tenure, i.e.03 years, keeping in view their special family circumstances, in terms of the OM dated 17.06.2010 issued by the DoPT as well the judgment dated 07.10.2005 passed by the Hon'ble Apex Court in case of Union of India and Ors. v V. Ramakrishnan..."
4. Learned counsel appearing for the petitioners has drawn attention of this Court to Clause 9 of the Office Memorandum bearing no. 6/8/2009-Estt. (Pay II) dated 17.06.2010 wherein it is stated as under:
"Premature reversion of deputationist to parent cadre.
Normally, when an employee is appointed on deputation/foreign service, his services are placed at the disposal of the parent Ministry/Department at the end of the tenure. However, as and When a situation arises for premature reversion to the parent cadre of the deputationist, his services could be so returned after giving an advance notice of at least three months to the lending Ministry/Department and the employee concerned."
5. As per the averment made in the present petition, Clause 9 mentioned above has not been complied with.
6. Accordingly, we hereby dispose of the present petition by directing the respondents to issue advance notice in terms of Clause 9 above.
7. However till then, the petitioners shall continue to operate at their deputed place(s) of posting.
8. Petition is accordingly disposed of alongwith the pending application.
Procedural compliance is essential during the premature reversion of employees from deputation, necessitating adherence to the three-month notice requirement as outlined in the Office Memorandum.
Procedural fairness must be upheld, yet an executed order of reversion does not provide grounds for appeal if there are no significant procedural violations affecting status.
Applicability of relevant OM to officers on deputation outside India
A deputationist lacks an indefeasible right to remain in a position, and authorities can recall employees based on service exigencies without breaching natural justice principles if no prejudice is c....
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
Point of Law : A deputationist does not have an indefeasible right to insist his continuance in borrowing Department, when his service is no longer required in exigencies of service.
A petition seeking appointment on deputation becomes infructuous and unnecessary for adjudication on merits once the petitioner has retired from government service, as the underlying relief sought ca....
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