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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
J.S. Salaria – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The petitioner has approached this court by way of the present writ petition seeking a direction to the respondents to treat the period of his foreign assignment as deputation and not as Extra Ordinary Leave, to grant him notional increments for the said period, to refix his pay accordingly upon rejoining, and to release all consequential monetary and service benefits arising therefrom.
Brief Facts
2. The petitioner was a permanent employee of Sainik School, Kunjpura, functioning under the Sainik Schools Society governed by the Ministry of Defence. He joined service as Mathematics Master on 15.02.1973. In 1975, he applied for a foreign assignment through proper channel. Initially, he expressed willingness to resign if selected, but later the Government of India sponsored his candidature and communicated that he should be treated as on deputation to the foreign government with lien retained on his post.
3. The petitioner was granted Extra Ordinary Leave (EOL) without pay for three years from the date of release in 1980 to take up the foreign assignment in Nigeria. His tenure abroad continued from October 1980 until February 1986, including extensio
Reduction in Foreign Allowance must adhere to the terms and conditions of deputation, and any deviation from such terms and conditions agreed upon between the parties is not permissible.
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....
Consent is not required for posting to a government-controlled body, and the equivalence of posts negates claims of adverse impact on service conditions.
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.
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