IMPORTANT POINT
‘Transfer on deputation’ and ‘appointment on deputation’ – distinction.

JUDGMENT

Sudhansu Jyoti Mukhopadhaya, J.-Leave granted. This appeal has been preferred against the order dated 23rd March, 2011 passed by the Gujarat High Court whereby the High Court dismissed the writ petition and affirmed the order of cancellation of offer of appointment as was issued to the appellant.

2. The appellant who was initially appointed on 25th August, 2000 as Director, Computer Department in the Hemchandracharya North Gujarat University (hereinafter referred to as the ‘North Gujarat University’) in the scale of pay of Rs.12,000-420-18,300, applied for the appointment to the post of Director on deputation pursuant to an advertisement No.Estt.09-(01)2009 dated 13th September, 2009 published in the Newspaper (Times of India) by the 2nd respondent. By the said advertisement the candidates were informed that the pre-revised scale of pay of the post of Director is Rs.14,300-400-18,300 with further intimation that the said scale of pay will be revised to the pay band + Grade Pay of PB-4 Rs.37,000-67,000 + 8,700. Applications were called for from amongst suitable and eligible persons having Master Degree with 12 years’ experience in Teaching or Research in Central or State Government or University.

3. The appellant in his application dated 24th September, 2009 shown details of his qualifications in the prescribed proforma, including the scale of pay as he was receiving, as shown below:

“11. Employment Record (details in reverse chronological order, starting with the last job)

In the Part-B of the said application, apart from the last pay scale he was receiving, the appellant also mentioned the pay he was expecting, as mentioned below:

“ PART-B 1. (a) Present Pay Scale : Rs.12000-420-18300 (University/State Govt.)

(Pay likely to revise as per 6th pay)

(i) Basic Pay Rs.15,780.00 (ii) Dearness Pay+DA Rs.19,015.00 (iii) Others Rs.03,559.00 Total Rs.38,354.00 (b) Basic Pay expected: as per AICTE norms.”

4. The case of the appellant was considered along with others and after due selection the 2nd respondent issued an offer of appointment on 15th February, 2010 and the letter was forwarded to the Registrar, North Gujarat University requesting the University to obtain acceptance of the above offer from the appellant and forward it to the Council (AICTE) by 26th February, 2010. In the said letter, it was further requested that in the event of the acceptance of the above offer, the appellant may be relieved as early as possible so as to enable him to join the Council latest by 13th March, 2010. The relevant terms and conditions for deputation attached with the offer letter dated 15th February, 2010 are quoted hereunder:

“TERMS & CONDITIONS FOR DEPUTATION

1. Period of deputation: The deputation shall be for a period of one year and extendable for a total period of not exceeding three years on yearly basis w.e.f. the date, the offer assumes the charge of the post.

2. Post and scale of pay: Director PB-4 Rs.37,400-67,000 + Rs.8700 (Grade Pay).

3. Pay: During the period of deputation Dr. PATEL ASHOK RATILAL will have the either to get his/her pay fixed in the deputation post under the operation of normal rules or to draw pay of the post held by him in the parent Department plus a deputation (duty) allowance in accordance with and subject to the conditions, as modified from time to time and such other general or special orders issued by the Ministry of Finance.”

5. The appellant by his letter dated 20th February, 2010 informed the 2nd respondent his readiness and acceptance to join the post of Director, AICTE, New Delhi. He also informed his parent University to relieve him to join AICTE on deputation within the joining date suggested by the Council, as evident from the letter dated 20th February, 2010 and is quoted hereunder:

“Hemchandracharya North Gujarat University P.B.No.21, University Road Patan – 384265(N.G)

Dated 20th February, 2010

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