RAMESHWAR PRASAD versus MANAGING DIRECTOR U.P. RAJKIYA NIRMAN NIGAM LTD. AND ORS.

RAMESHWAR PRASAD versus MANAGING DIRECTOR U.P. RAJKIYA NIRMAN NIGAM LTD. AND ORS.

In view of Rule 16(3) of the Uttar Pradesh Rajkiya Nirman Nigam Ltd (Engineers and Architects) Services Rules, 1980 and Rules 4 & 5 of U.P. Absorption of Government Servants in Public Undertaking Rules, 1984, the appellant stands absorbed in the services of respondent No. 1 from the date deputation allowance was discontinued, and the inaction of the borrowing organization to absorb or repatriate was unjustified and arbitrary; the appellant's right to be considered for absorption is not affected by such inaction.

Parties
Appellant: Rameshwar Prasad; Respondent: Managing Director U.P. Rajkiya Nirman Nigam Ltd.; Respondent: U.P. Small Scale Industries Corporation
Jurisdiction
India
Judgment Date
16 September 1999
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court
Outcome
Appeals allowed
Legal Topics
Deputation, Absorption, Discretion in Absorption, Statutory Rules Regarding Deputation and Absorption
Service Law Deputation Absorption Discretion in Absorption Statutory Rules Regarding Deputation and Absorption

Case Brief

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Parties

Rameshwar Prasad

Appellant

Managing Director U.P. Rajkiya Nirman Nigam Ltd.

Respondent

U.P. Small Scale Industries Corporation

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Allahabad High Court

Legal Issues

  1. 1 Whether the appellant was legally entitled to absorption in the borrowing organization after completing 5 years on deputation and exercise of option within the stipulated period
  2. 2 Legality of non-repatriation and non-absorption by the borrowing organization
  3. 3 Scope of discretion in absorption of deputationists

Ratio Decidendi

In view of Rule 16(3) of the Uttar Pradesh Rajkiya Nirman Nigam Ltd (Engineers and Architects) Services Rules, 1980 and Rules 4 & 5 of U.P. Absorption of Government Servants in Public Undertaking Rules, 1984, the appellant stands absorbed in the services of respondent No. 1 from the date deputation allowance was discontinued, and the inaction of the borrowing organization to absorb or repatriate was unjustified and arbitrary; the appellant's right to be considered for absorption is not affected by such inaction.

Court Disposition

Appeals allowed

Orders

  • Impugned order dated 9.4.1997 of the Allahabad High Court quashed and set aside.
  • Order dated 11th July, 1995 relieving appellant from the post quashed and set aside.