STATE OF MYSORE versus M. H. BELLARY

STATE OF MYSORE versus M. H. BELLARY

Rule 50(b) of the Bombay Civil Service Rules and the relevant circulars require that a government servant sent on deputation must, upon reversion, be restored to the position and emoluments he would have held in the parent department had he not been deputed, including promotions based on seniority-cum-merit if otherwise eligible. Breach of this statutory rule is enforceable in court.

Parties
Appellant: State of Mysore; Respondent: M. H. Bellary
Jurisdiction
India
Judgment Date
25 March 1964
Procedural Posture
Civil Appeal / Supreme Court Appeal From Judgment and Order of Mysore High Court in Writ Petition No. 283 of 1959
Outcome
Appeal dismissed with costs.
Legal Topics
Deputation, Seniority Cum Merit Promotions, Statutory Service Rules, Government Servant Rights Under Rules, Article 309, Article 313
Administrative Law Service Law Constitutional Law Deputation Seniority Cum Merit Promotions Statutory Service Rules Government Servant Rights Under Rules Article 309 +1 more

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Parties

State of Mysore

Appellant

M. H. Bellary

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Judgment and Order of Mysore High Court in Writ Petition No. 283 of 1959

Legal Issues

  1. 1 Whether a government servant on deputation is entitled to promotions based on seniority-cum-merit in the parent department upon reversion
  2. 2 Whether violation of a statutory rule framed under Article 309 gives rise to an enforceable right

Ratio Decidendi

Rule 50(b) of the Bombay Civil Service Rules and the relevant circulars require that a government servant sent on deputation must, upon reversion, be restored to the position and emoluments he would have held in the parent department had he not been deputed, including promotions based on seniority-cum-merit if otherwise eligible. Breach of this statutory rule is enforceable in court.

Court Disposition

Appeal dismissed with costs.

Orders

  • Respondent is entitled to the remuneration and status he would have held in his parent department, including promotion and salary, had he not been deputed.