Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, JOHNSON JOHN, JJ
State Of Kerala, Represented By The Secretary, General Education Department – Appellant
Versus
K.N.Hazeena – Respondent
JUDGMENT :
Johnson John, J.
As per the impugned order, the Kerala Administrative Tribunal directed the State Government to ensure that arrears of pay revision along with interest due to the applicants for the period when they were on foreign deputation are sanctioned and disbursed to them within a period of one month.
2. The State Government and the parent Department are challenging the above order on the ground that employees on foreign deputation are entitled to draw their arrears of salary only from the borrowing organization.
3. It is not in dispute that while respondents 1 and 2 herein were working in the General Education Department, they opted for deputation to the 3rd respondent Corporation and the dispute is regarding the arrears of pay during the period of deputation.
4. The learned Government Pleader argued that when an employee is on deputation, it is the duty of the foreign employer to release the pay to the employee and the same cannot be claimed from the parent Department.
5. The learned counsel for respondents 1 and 2 would point out that as per clause 9 in Annexure A1 Circular No.46/2016/Fin. dated 19.05.2016, it is the duty of the Drawing and Disbursing Officer of the p
The borrowing organization is responsible for disbursing salary arrears during an employee's foreign deputation, not the parent department.
Deputation has a definite connotation in law – Deputation involves a tripartite consensual agreement between lending employer, borrowing employer and employee – A transient business visit without any....
An employee on deputation does not have an indefeasible right to remain on deputation for the prescribed period and can be repatriated by the borrowing department at any time.
Pension calculations for deputationists must exclude deputation allowances, relying solely on average emoluments from the parent bank as per applicable regulations.
The central legal point established in the judgment is the employer's inherent power to depute employees to meet specific exigencies, the distinction between deputation and transfer, and the interpre....
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
