RAM GANGA COMMAND AREA DEVELOPMENT AUTHORITY AND ANR. versus SHEETAL KUMAR VAISH AND ORS.

RAM GANGA COMMAND AREA DEVELOPMENT AUTHORITY AND ANR. versus SHEETAL KUMAR VAISH AND ORS.

The respondent-employee was on deputation from the Milk Board and his temporary appointment in the Authority could not be treated as substantive appointment. The action of repatriating him to his parent department upon abolition of posts did not suffer from infirmity.

Parties
Appellant: RAM GANGA COMMAND AREA DEVELOPMENT AUTHORITY AND ANR.; Respondent: SHEETAL KUMAR YAISH AND ORS.
Jurisdiction
India
Judgment Date
12 March 2003
Procedural Posture
Civil Appeal / Appeal From High Court Decision
Outcome
Appeals allowed
Legal Topics
Appointment on Deputation, Repatriation of Employee, Status of Temporary Appointment, Abolition of Posts, Estoppel in Service Matters
Service Law Appointment on Deputation Repatriation of Employee Status of Temporary Appointment Abolition of Posts Estoppel in Service Matters

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Parties

RAM GANGA COMMAND AREA DEVELOPMENT AUTHORITY AND ANR.

Appellant

SHEETAL KUMAR YAISH AND ORS.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether the respondent-employee was on deputation or in substantive employment with the appellant Authority
  2. 2 Whether the order of repatriation/relieving of the respondent-employee was valid

Ratio Decidendi

The respondent-employee was on deputation from the Milk Board and his temporary appointment in the Authority could not be treated as substantive appointment. The action of repatriating him to his parent department upon abolition of posts did not suffer from infirmity.

Court Disposition

Appeals allowed

Orders

  • Judgment and order of the Allahabad High Court set aside
  • Order of repatriation/relieving of the respondent-employee upheld