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2006 Supreme(Jhk) 678

SUDHANSU JYOTI MUKHOPADHAYA, DILIP KUMAR SINHA
S. N. Maity – Appellant
Versus
Union Of India – Respondent


JUDGMENT

S.J. Mukhopadhaya, J.

1. This writ petition has been preferred by the petitioner against the order dated 8th September, 2005 passed by Central Administrative Tribunal (hereinafter referred lo as the Tribunal), Circuit Bench at Ranchi in O.A. No. 215 of 2005. whereby and where under, application preferred by petitioner was dismissed. The parent department of the petitioner is Central Mining Research Institute, Dhanbad (Council of Scientific and Industrial Research-hereinafter referred to CSIR. He was deputed on 29th July, 2003 as Controller General of Patents. Designs and Trade Marks. Alter about one year, by impugned Order F No. 8/52/2001-PP & C) dated 31st August, 2004, he was repatriated to his parent department. The said Order was challenged by the petitioner in O.A. No. 215 of 2005, which was dismissed by the Tribunal by impugned Judgment and Order dated 8th September, 2005.

2. The main plea taken by the respondents is that the petitioner has no right to continue on deputation and he is not entitled for any protection of pay in the deputation post.

3. The Tribunal while dismissed the application preferred by the petitioner so far as deputation is concerned, in respect to







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