NATIONAL TECHNICAL RESEARCH ORGANIZATION & ORS versus DIPTI DEODHARE

NATIONAL TECHNICAL RESEARCH ORGANIZATION & ORS versus DIPTI DEODHARE

Because the respondent had tendered a technical resignation and continued to have lien on her substantive post in DRDO, and because she reported to and resumed duties (and took leave) in DRDO from 13.02.2019, she ceased to be an employee of NTRO from that date; the ACC/NTRO's repatriation during probation was valid under the applicable DOPT O.M.s and rules, and the High Court erred in treating the 12.02.2019 communication as discharge simpliciter and in directing NTRO to grant terminal/pensionary benefits as Scientist 'H' whose probation had not been completed; the CAT judgment dismissing the OA was restored.

Parties
Appellant: National Technical Research Organization & Ors.; Respondent: Dipti Deodhare
Jurisdiction
India
Judgment Date
17 February 2023
Procedural Posture
Civil Appeal / Appeal From Judgment of the High Court of Karnataka in Writ Petition No.10867/2021 Allowing the Writ Petition and Setting Aside CAT Order
Outcome
Appeal allowed; impugned High Court judgment dated 08.10.2021 quashed and set aside; CAT judgment restored
Legal Topics
Probation, Technical Resignation, Lien, Repatriation/reversion, Voluntary Retirement (vrs), Pensionary/terminal Benefits, CCS (pension) Rules, 1972
Service Law Probation Technical Resignation Lien Repatriation/reversion Voluntary Retirement (vrs) Pensionary/terminal Benefits CCS (pension) Rules, 1972

Case Brief

Summary, issues, holding and outcome

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Parties

National Technical Research Organization & Ors.

Appellant

Dipti Deodhare

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment of the High Court of Karnataka in Writ Petition No.10867/2021 Allowing the Writ Petition and Setting Aside CAT Order

Legal Issues

  1. 1 Whether ACC/NTRO could repatriate the respondent from NTRO to parent cadre DRDO during probation
  2. 2 Whether the order dated 12.02.2019 should be treated as discharge simpliciter or as repatriation/reversion while lien continued
  3. 3 Whether respondent was entitled to terminal/pensionary benefits as Scientist 'H' based on last pay drawn despite probation not completed

Ratio Decidendi

Because the respondent had tendered a technical resignation and continued to have lien on her substantive post in DRDO, and because she reported to and resumed duties (and took leave) in DRDO from 13.02.2019, she ceased to be an employee of NTRO from that date; the ACC/NTRO's repatriation during probation was valid under the applicable DOPT O.M.s and rules, and the High Court erred in treating the 12.02.2019 communication as discharge simpliciter and in directing NTRO to grant terminal/pensionary benefits as Scientist 'H' whose probation had not been completed; the CAT judgment dismissing the OA was restored.

Court Disposition

Appeal allowed; impugned High Court judgment dated 08.10.2021 quashed and set aside; CAT judgment restored

Orders

  • Impugned judgment and order of the High Court dated 08.10.2021 is quashed and set aside
  • Judgment and order passed by the Central Administrative Tribunal is restored