Back
2004 Supreme(All) 798
HIGH COURT OF ALLAHABAD
R.B. Misra, J.
Devendra Kumar
Versus
Rajya Krishi Utpadan Mandi Parishad
Civil Misc. Writ Petition 20661 of 1999
Decided On : 22 April 2004
Civil Misc. Writ Petition 20661 Of 1999
B.D.Mandhyan, O.P.LOHIA, Satish Mandhyan, V.B.UPADHYA, V.K.BIRLA,
The main legal point established in the judgment is the importance of fairness, reasonableness, and affording opportunity of hearing in imposing conditions on deputation, as well as the need to uphold the doctrine of equality contained in Article 14 of the Constitution of India.
Headnote:
Deputation - Service Conditions - U.P. Fundamental Rules, Financial Handbook, Vol. II-IV Chapter III, Rule 14-A, Indian Contract Act, Article 14 of the Constitution of India - The court discussed the conditions of deputation, the rights of the deputationist, and the principles of natural justice. It highlighted the concept of deputation, the rights of the employee on deputation, and the legal provisions governing deputation. The court emphasized the importance of fairness and reasonableness in imposing conditions and the need for affording opportunity of hearing before taking punitive actions.
Fact of the Case:
The petitioner was sent on deputation from the Sugar Corporation to the mandi Parishad with a condition that his service in the Corporation would automatically end after one year. The mandi Parishad later reverted the petitioner to the parent department without affording him an opportunity of hearing.
Finding of the Court:
The court found that the conditions imposed on the petitioner's deputation were unreasonable and arbitrary, violating Article 14 of the Constitution of India and Section 23 of the Indian Contract Act. The court held that the actions of the respondents were in clear violation of the law and against the principle of natural justice.
Issues: The main issues involved whether the petitioner's lien in the parent department could come to an end automatically on expiry of the deputation period, and whether the conditions imposed were unreasonable, arbitrary, and violative of Article 14 of the Constitution of India and Section 23 of the Indian Contract Act.
Ratio Decidendi: The court emphasized the rights of the deputationist, the principles of fairness and reasonableness in imposing conditions, and the need for affording opportunity of hearing before taking punitive actions. It also highlighted the legal provisions governing deputation and the importance of upholding the doctrine of equality contained in Article 14 of the Constitution of India.
Final Decision: The court set aside the conditions imposed on the petitioner's deputation, directed the mandi Parishad to consider the petitioner's case for absorption, and emphasized the need for negotiations between the Corporation and the mandi Parishad to rectify the terms and conditions in a fair and public interest manner. The court disposed of the writ petition, allowing the petitioner to receive his salary and increments due to him.
( 1 ) THE present writ petition has been preferred to quash the order dated 18. 3. 1999 passed by the additional Director (Administration) of Rajya Krishi Utpadan Mandi Parishad,, (inshort called mandi Parishad), U. P. Lucknow (Annexure-18 to the writ petition) and the order dated 10. 3. 1999 passed by the Director, mandi Parishad, as referred in the order dated 18. 9. 1999. The petitioner has inter alia prayed for other relief including for quashing the unreasonable terms and conditions incorporated in the letter dated 5. 7. 1995 of the Managing Director, Sugar Corporation (Annexure-10 to the writ petition) so much so saying that the service of the petitioner had automatically come to an end after expiry of period of one year from the date of joining at mandi Parishad.
( 2 ) HEARD Sri V. B. , Upadhaya, learned Senior Counsel along with Sri Vidya Bhushan Upadhaya, for the petitioner and Sri V. K. Birla, learned Counsel for respondents No. 4 and 5 and Sri Satish mandhyan, learned Counsel for mandi Parishad.
( 3 ) THE facts giving rise to the present writ petition in brief are that the petitioner applied to the post of Junior Engineer (Civil) in respondent U. P. State Sugar Corporation Limited (hereinafter called sugar Corporation) being fully eligible to the said post, was invited by Managing director of corporation by its letter 17. 4. 1985 (Annexure-1) for interview to be held on 3. 5. 1985, and was duly selected and appointed to the post of Junior Engineer (Civil ). The select list dated 30. 1. 1986 is (Annexure-2 to the writ petition ).
( 4 ) THE petitioner reported for duty on 13. 2. 1986, and was kept on probation for a period of two years thereafter was confirmed to the said post. The petitioner has discharged his duties in different units of corporation after being transferred from time to time under the orders of the superior officers. The different orders of the transfer and certificates are enclosed (Annexures 4, 5, 6 and 7 to the writ petition ).
( 5 ) THE petitioner came to know that in mandi Parishad, Junior Engineer was being taken on deputation. Consequently, the petitioner also applied for deputation by his application dated 10. 2. 1995 (Annexure-8 to the writ petition ). The petitioner vide his letter dated 18. 5. 1995 informed the Corporation that he has given an undertaking that in case he was sent to mandi parishad on deputation, he would come back to the Corporation when recalled for being posted in any unit. Copy of the said letter is (Annexure-9 to the writ petition ).
( 6 ) THE Sugar Corporation allowed the petitioner to join the mandi Parishad on deputation subject to the condition contained in the letter dated 5. 7. 1995 (Annexure-10 to the writ petition ). The contents of the letter dated 5. 7. 1995 are given here as below:-Uttar Pradesh State Sugar Corporation Limited. Par/as. As C/3 (Av. Av. (C)/2260dinank 5th July, 1995 adesh rajya Krishi Utpadan Mandi Parishad, Uttar Pradesh, Lucknow Ke Patrank Arth. (Ka)-2 (252/11)795-568, Dinank 13. 6. 1995 Ke Sandarbh Mein Sri Davendra Kumar, Avar Abhiyanta (Civil), Jo Vartman Samay Main Nigam Ki Vatalpur Ekai Main Tainat Hai, Ki Seva Mein tatkalik Prabhav Se Rajya Krishi Utpadan Mandi Parishad Ko Eted Dwara Pratiniykti Par Ek varsh Ke Liyeish Shart Ke Sath Uplabdh Kariyee Jati Hai Ki Parishad Mein Karya Grahan karney Ki Tithi Se Ek Varsh Ki Ukt Nirdharit Pratiniyukiti Avadhi Purna Hote Hee Sri davendra Kumar Ki Sevayen Nigam Se Swatah Hee Samapt Man Lee Jayagee. Vahya Sewa Ki avadhi Mein Sri Davendra Kumar Ko Nigam Mein Anumanya Vatenman Avem Ush Par anumanya Sabhi Bhatta Jo Samay Samay Par Dei Hai, Anumanya Honge. Jiska Sampurn Bhar pratinukti Ki Sewa Avadhi Mein Rajya Krishi Utpadan Mandi Parishad Ko Vahan Kama Hoga. Sri Davendra Kumar Ki Vahya Sewa Ki Anney Shertey Sanlagn Parishist Ke Anusar Hogi. Sudhir Kumar, prabandh Nirdeshak. Subsequently, he was transferred in the mandi Parishad at Ghaziabad on 5. 7. 1996. The petitioner was never re
