UNION OF INDIA & ANR. versus S.N. MAITY & ANR.

UNION OF INDIA & ANR. versus S.N. MAITY & ANR.

Curtailment of a fixed tenure deputation cannot be done arbitrarily; since respondent's posting was tenure-based, and repatriation was without any justifiable reason, the action was arbitrary. However, as the period of deputation is over, reinstatement is not practical; compensation for the balance period is to be paid instead.

Parties
Appellant: Union of India; Respondent: S.N. Maity; Respondent: Council of Scientific and Industrial Research (CSIR)
Jurisdiction
India
Judgment Date
06 January 2015
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Deputation, Tenure Posting, Premature Repatriation, Arbitrariness in Service Matters
Service Law Deputation Tenure Posting Premature Repatriation Arbitrariness in Service Matters

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Union of India

Appellant

S.N. Maity

Respondent

Council of Scientific and Industrial Research (CSIR)

Respondent

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment

Legal Issues

  1. 1 Whether premature repatriation of respondent from deputation post was arbitrary
  2. 2 Whether appointment was a tenure posting and could be curtailed without justification
  3. 3 Whether respondent was entitled to reinstatement or compensation in event of curtailment

Ratio Decidendi

Curtailment of a fixed tenure deputation cannot be done arbitrarily; since respondent's posting was tenure-based, and repatriation was without any justifiable reason, the action was arbitrary. However, as the period of deputation is over, reinstatement is not practical; compensation for the balance period is to be paid instead.

Court Disposition

Appeal allowed in part

Orders

  • Respondent to be paid entire salary that was payable to him for deputation post for balance period with interest @ 9% p.a. within three months.
  • No order as to costs.