BALKRISHNA PANDEY versus STATE OF BIHAR AND ORS.

BALKRISHNA PANDEY versus STATE OF BIHAR AND ORS.

A deputationist, even if holding a post that becomes permanent, is not entitled to promotion in the department of deputation unless absorbed; promotions of permanent incumbents in that department are valid and appellant's reversion is not illegal.

Parties
Appellant: Balkrishna Pandey; Respondents: State of Bihar and Ors.
Jurisdiction
India
Judgment Date
14 December 1995
Procedural Posture
Civil Appeal / Appeal by Special Leave From Order of Patna High Court in C.w.j.c. No. 754 of 1979
Outcome
Appeal disposed of
Legal Topics
Promotion, Deputation, Seniority, Permanent Post, Permanent Incumbent
Service Law Promotion Deputation Seniority Permanent Post Permanent Incumbent

Case Brief

Summary, issues, holding and outcome

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Parties

Balkrishna Pandey

Appellant

State of Bihar and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Order of Patna High Court in C.w.j.c. No. 754 of 1979

Legal Issues

  1. 1 Whether deputationist is entitled to promotion when the post held is made permanent
  2. 2 Legality of appellant's reversion after temporary deputation
  3. 3 Validity of promotion of permanent incumbent in department

Ratio Decidendi

A deputationist, even if holding a post that becomes permanent, is not entitled to promotion in the department of deputation unless absorbed; promotions of permanent incumbents in that department are valid and appellant's reversion is not illegal.

Court Disposition

Appeal disposed of

Orders

  • Appellant entitled to rights and promotion, if any, in parent department according to rules
  • No costs