SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(MP) 432

A.K. Patnaik, C.J. and Shantanu Kemkar, J.
C.R. Gaur v. State of M.P. and others
Writ Appeal No. 291 of 2008 (J); Decided on 31.3.2008.*

Advocates:
R.K. Tiwari for appellant; Vivekanand Awasthy, Government Advocate, for respondents.

Headnote:Public Servant -- deputationist -- ordinarily term of deputation not to be curtained except on just ground -- services not required by the department in which he is posted -- a few day left for expiry of period -- order of repatriation cannot be interfered with. W.A. No. 802/07 relied on. (2005) 8 SCC 394 followed. [Paras 4 & 5

       yksd lsod && izfrfu;qfDr O;fDr && U;k;laxr vk/kkj ds flok; lkekU;r% izfrfu;qfDr dh vof/k de ugha dh tkuk gS && foHkkx }kjk ftleas og inLFk gS lsokvksa dh vko‘;drk ugha gS && vof/k volku gksus esa dqN fnu ‘ks"k && laizr;korZu ds vkns‘k esa gLr{ksi ugha fd;k tk ldrkA fjV vihy dz- 802@07 voyafcrA ¼2005½ 8 ,l lh lh 394 vuqlfjrA

        ¼iSjk 4 ,oa 5½

ORDER

Patnaik, C.J. -- 1. This is an appeal against the order dated 14.2.2008 passed by the learned Single Judge in W.P. No. 1854/2008 (s) filed under section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

2. The facts briefly are that the appellant belongs to the services of Farmers Welfare and Agriculture Development Department. He was posted on deputation in the M.P. Rajya Krishi Vipnan Board by order dated 27.4.2006 for a period of one year. Thereafter, the period of deputation was extended for a period of one year upto 26.4.2008 vide order dated 2.8.2007, but by order dated 11.1.2008 he was repatriated to his parent Department, namely Farmers' Welfare and Agriculture Development Department. Aggrieved, the appellant filed Writ Petition No. 1854/2008 (s) under Article 226 of the Constitution of India and the learned Single Judge relying on the judgment dated 2.7.2007 of the Division Bench of this Court in the case of Anil Kumar Nanda v. State of M.P. and others, in W.A. No. 802/2007, held that the appellant has no enforceable right in his favourto continue on deputation.

3. Mr. R.K. Tiwari, learned counsel appearing for the appellant submitted that in a recent decision of the apex Court in Union of India and another v. V. Ramakrishnan and others [(2005) 8 SCC 394], the apex Court has taken a view that when the tenure of deputation is specified, despite a deputationist not having an indefeasible right to hold the said post, ordinarily the term of deputation should not be curtailed except on such just grounds as, for example, unsuitability or unsatisfactory performance. He submitted that in the present case, the period of deputation was extended upto 26.4.2008 and hence the appellant should have been allowed to continue on deputation till 26.4.2008.

4. We have perused the impugned order dated 11.1.2008 and we find that by the said order, the appellant has been repatriated to his parent organization because his service was no longer required in the organization in which he was sent on deputation. In the judgment in Union of India and another v. V. Ramakrishnan and others (supra), the apex Court has held that ordinarily the term of deputation should not be curtailed except on such just grounds as for example unsuitability or unsatisfactory performance of the deputationist. The examples given by the apex Court are not exhaustive of just grounds which can constitute exceptions for curtailment of the tenure of deputation. Obviously, if the service of deputationist is not required by the organization in which the deputationist has been posted, that organization may legitimately ask for the curtailing the tenure of the deputationist in its organization.

5. That apart, admittedly, the term of deputation of the appellant has been extended for a period of one year w.e.f. 26.4.2007 by order dated 2.8.2007. The said period of one year for which extension was allowed on deputation expires on 26.4.2008 and only a few days are left for expiry of the said extended period of deputation and for this reason also, we are not inclined to interfere in the order of repatriation. In the result, we do not find any merit in this writ appeal and we accordingly dismiss the same.





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top