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P.S.N. Rao Vs. National Project Implementation Unit, New Delhi and ors.

P.S.N. Rao vs National Project Implementation Unit, New Delhi and ors.

Type Court Judgment Court Delhi Decided Sep 08, 1992
~2 min read
https://sooperkanoon.com/case/697599

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Citation
Court
Delhi High Court
Judge
Decided On
Case Number
Writ Petition No. 2710 of 1992
Subject
Service

Case Summary

AI-generated summary - not the official court judgment text.

It was adjudged that once the financial benefits were paid as per the Service Law to the employee on deputation, then the same could not be claimed or said to be paid at the end of the deputation and reversion to the parent department -

Key legal issue
Service
Acts & sections
Constitution of India - Article 227

Parties & Advocates

Appellant / Petitioner

P.S.N. Rao

Advocate Raj Birbal and; Arun Aggarwal, Advs

Respondent

National Project Implementation Unit, New Delhi and ors.

Legal References

Acts
Constitution of India - Article 227
Cases Referred
D.B. of Madras High Court Registrar v. R. Periaswamy and Another
Reported In
49(1993)DLT365

Excerpt

it was adjudged that once the financial benefits were paid as per the service law to the employee on deputation, then the same could not be claimed or said to be paid at the end of the deputation and reversion to the parent department - mohinder narain, j.(1) we have heard the parties at length. what emerges from the documents on record, and from what we have heard incourt, it is clear that the petitioner was on deputation. being on deputation,law relating to deputation will come into operation, what has been succinctly laid down by the d.b. of madras high court registrar v. r. periaswamy and another , (3) slr 646. in this case, d.b. also referred the case reported as air 1991 punjab & haryana 113 (lajpat nath mago v.governor of haryana and others). according to the principles enunciated in the madras judgment, it is clear that a person who is borrowed from one department and is asked to work in another department temporarily, if he is reverted back to the original department, there is no question of the termination of any service in the proper sense of the term. in other words his services in the transferred department have come to an end. he goes back to the parent department. that is because he has lien in the parent department. that lien continues so long as that lien continues, he has a right to go back to that department.(2) in the case before us, the petitioner was working with the state oforissa. he went on deputation to the national project implementation unit of the ministry of human resources development, department of education. the department to which he went on deputation has put an end to his deputation and has asked him to go hack. inasmuch as his lien with the orissa government continues to exist, he will get benefit of the same, whatever the benefits are available there under. as far as he is losing his certain benefits which accrued to him while he was on deputation, the deputation having come to an end, the financial benefits must have also come to anend.(3) the petitioner who has appeared in person, has not been able to give us any judgment contrary to the judgment of the madras high court and the judgment of the punjab and haryana high court. we respectfully agree with the obs

Full Judgment

Mohinder Narain, J.

(1) We have heard the parties at length. What emerges from the documents on record, and from what we have heard inCourt, it is clear that the petitioner was on deputation. Being on deputation,law relating to deputation will come into operation, what has been succinctly laid down by the D.B. of Madras High Court Registrar v. R. Periaswamy and Another , (3) Slr 646. In this case, D.B. also referred the case reported as Air 1991 Punjab & Haryana 113 (Lajpat Nath Mago v.Governor of Haryana and Others). According to the principles enunciated in the Madras Judgment, it is clear that a person who is borrowed from one department and is asked to work in another department temporarily, if he is reverted back to the original department, there is no question of the termination of any service in the proper sense of the term. In other words his services in the transferred department have come to an end. He goes back to the parent department. That is because he has lien in the parent department. That lien continues so long as that lien continues, he has a right to go back to that department.

(2) In the case before us, the petitioner was working with the State ofOrissa. He went on deputation to the National Project Implementation Unit of the Ministry of Human Resources Development, Department of Education. The department to which he went on deputation has put an end to his deputation and has asked him to go hack. Inasmuch as his lien with the Orissa Government continues to exist, he will get benefit of the same, whatever the benefits are available there under. As far as he is losing his certain benefits which accrued to him while he was on deputation, the deputation having come to an end, the financial benefits must have also come to anend.

(3) The petitioner who has appeared in person, has not been able to give us any judgment contrary to the judgment of the Madras High Court and the judgment of the Punjab and Haryana High Court. We respectfully agree with the observations of both the aforesaid judgments and in this view of the matter; we decline to entertain the present writ petition.

(4) The writ petition is dismissed accordingly.

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