FARJAND ALI
Suresh Kumar S/o Shri Ram Chandra – Appellant
Versus
State Of Rajasthan, Through Its Principal Secretary, Food, Civil Supplies And Consumer Affairs Department – Respondent
JUDGMENT :
Farjand Ali, J.
1. Grievance & Prayer :-
1.1. The instant writ petition under Article 226 of the Constitution of India has been filed by the petitioner ventilating his grief over his relieving from services rendered by him on deputation by the respondent - Food, Civil Supplies and Consumer Affairs Department, Government of Rajasthan, Jaipur vide order dated 31.05.2024 (Annexure-19) in compliance of the order dated 14.02.2024 (Annexure-14) passed by the Rajasthan Rajya Vidyut Utpadan Nigam Ltd., [For brevity hereinafter to be referred as ‘the RRVUNL’.] by which his deputation was cancelled.
1.2. The petitioner has sought benevolence of this Court to quash and set aside the said relieving order as well as to reinstate him on deputation.
2. Facts of the case :-
2.1. Bereft of elaborate details, the brief facts necessary for disposal of the instant writ petition are that the petitioner was initially appointed as Junior Engineer in RRVUNL on 28.01.2015; however, later on, following the advertisement dated 20.11.2017 (Annexure-1) issued by the respondent - Department of Consumer Affairs, he applied for and, after meeting the eligibility criteria and completing the due selection proc
Ashok Kumar Ratilal Patel Vs. Union of India & Anr. Reported in (2012) 7 SCC 757
Kunal Nanda Vs. UOI AIR 2000 SC 2076
State of Punjab & Ors. Vs. Inder Singh & Ors. (1997) 8 SCC 372
Union of India & Anr. Vs. S.N. Maity & Anr. (2015) 4 SCC 164
UP Gram Panchayat Adhikari Sangh Vs. Dayaram Saroj & Ors. (2007) 2 SCC 138
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
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....
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....
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
Deputationists do not have an indefeasible right to remain in the borrowing department permanently; repatriation to the parent department is justified after five years of service on deputation.
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....
The main legal point established in the judgment is that the effective date of permanent absorption is determined by the Cabinet approval, and the petitioner's claim for seniority from an earlier dat....
The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.
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