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Administrative law

SANJAY PRAKASH & ORS. versus UNION OF INDIA & ORS.

The Court held that the CAPFs (CRPF, BSF, CISF, ITBP, SSB) are Organized Group-A Services for all purposes; the Government (DoPT) has accepted this status by OM dated 12.07.2019; consequently, benefits available to OGAS (including NFFU already granted and NFSG where applicable) should flow to CAPFs and the Ministry of Home Affairs must undertake cadre review and review/amendment of service rules/recruitment rules and progressively reduce deputation posts up to SAG within specified timelines.

Source excerpt

  • Organized group-a service (ogas)
  • Non-functional financial upgradation (nffu)
  • Cadre review
  • Deputation
  • Recruitment rules
  • Promotion and stagnation
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Criminal procedure

CENTRAL BUREAU OF INVESTIGATION versus RAMESH CHANDER DIWAN

Because the respondent was initially appointed by the Government of Punjab, was sent on deputation with extensions by the Governor of Punjab, there is no material showing absorption in Municipal Corporation or transfer of disciplinary control, and he remained removable only by the appropriate authority in the Government of Punjab, he continued to be a public servant for purposes of Section 197(1), Cr.P.C.; therefore sanction having not been obtained, the High Court was correct in discharging him of the offences under Sections 120B and 420 IPC (the appeals dismissed).

Source excerpt

  • Section 197 cr.p.c.
  • Sanction for prosecution
  • Deputation
  • Public servant (section 21 ipc)
  • Article 311 constitution of india
  • Disciplinary control over deputationist
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Service law

U.P. ROADWAYS RETIRED OFFICIALS AND OFFICERS ASSOCIATION versus STATE OF U.P. & ANR.

The appellants are not entitled to pension because they were neither holding permanent nor pensionable posts as defined by G.O. dated 28.10.1960 and are excluded by Note 3 to Article 350 of the U.P. Civil Service Regulations (service in non‑gazetted posts in Government Technical and Industrial Institutions does not qualify for pension); Roadways is a technical and industrial institution, and members promoted after the cut‑off date 27.08.1982 are not entitled to pension; employees who accepted Provident Fund/retiral benefits cannot subsequently claim pension.

Source excerpt

  • Pension entitlement
  • Pensionable post
  • Absorption
  • Deputation
  • Provident fund
  • Retiral benefits
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Service law

MEKHA RAM AND OTHERS ETC. ETC. versus STATE OF RAJASTHAN AND OTHERS ETC. ETC.

The amounts paid to the appellants pursuant to the Single Judge's order (treating the training period as deputation/allowing pay) were not paid by mistake but under a court order that was subsequently set aside; applying the principle of restitution and Section 144 CPC, the amounts paid in excess are recoverable by the State. The Court upheld the Division Bench's reservation of liberty to recover the excess amounts and directed recovery in thirty-six equal monthly installments to be deducted from salary commencing April 2022.

Source excerpt

  • Restitution
  • Study leave
  • Deputation
  • Recovery of excess payments
  • Section 144 cpc
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Service law

MS SARITA SINGH versus M/S SHREE INFOSOFT PRIVATE LIMITED

The Supreme Court held that the respondent failed to discharge the burden of proving that the appellant was sent on 'deputation'; deputation involves a tripartite consensual arrangement and specific rights and obligations and a transient business visit without written agreement does not qualify as deputation; accordingly the High Court judgment was set aside and the suit for recovery was dismissed.

Source excerpt

  • Deputation
  • Interpretation of employment terms
  • Recovery of expenses
  • Burden of proof
  • Costs
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Service law

UNION OF INDIA & ORS. versus R. THIYAGARAJAN

Until 11.09.2009 the respondent remained under the control and received pay from his parent organisation (CISF) and therefore was not on deputation to NDRF; from 11.09.2009, when the Ministry of Home Affairs conferred command and control of the battalions on the Director General, NDRF and personnel began drawing pay from NDRF, they would be deemed to be on deputation and deputation allowance is payable from that date (respondent to be paid deputation allowance from 11.09.2009 until 07.10.2011).

Source excerpt

  • Deputation allowance
  • Deputation
  • Pay and allowances
  • High court territorial jurisdiction
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Service law

SHRI GOVINDA CHANDRA TIRIA versus SIBAJI CHARAN PANDA & ORS.

Because respondent No.1 had expressly accepted the terms of absorption treating him as a fresh appointee and the absorption was not shown to be 'strictly in public interest', the O.M. provision placing transferred officers below regularly appointed officers on the date of absorption applied; the High Court's order directing a fresh gradation list was therefore set aside, while preserving the seniority list and protecting respondent No.1 from demotion by creating an ex-cadre/supernumerary post.

Source excerpt

  • Absorption
  • Seniority
  • Deputation
  • Gradation list
  • Promotion
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Service law

SHRIPAL BHATI AND ANR. versus STATE OF U.P. AND ORS.

Deputation is an authorized source of recruitment under Regulation 16(1)(c) of the 1981 Regulations; the Authority has appointment power under Section 5 of the U.P. Industrial Development Act, 1976 subject to State directions; Regulation 80 makes the regulations subject to State rules/directions and the State validly exercised absorption powers under U.P. Absorption Rules, 1984 and the 1987 Regulations; additionally, appellants were not eligible for promotion at the relevant time and therefore lacked locus standi to challenge the appointment and absorption of respondent no.4.

Source excerpt

  • Deputation
  • Absorption
  • Recruitment and promotion
  • Locus standi
  • Interpretation of service regulations
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Service law

MOHD. RASHID versus THE DIRECTOR, LOCAL BODIES, NEW SECRETARIAT & ORS.

The appellants (aspirants for direct recruitment) have no right to challenge the Municipal Bodies filling posts by promotion or deputation where such actions are in accordance with the Recruitment Rules; direct recruitment is permissible only after promotion/deputation quotas are not filled, and candidates who applied or appear on a merit list do not acquire a vested right to appointment merely by advertisement or inclusion in a merit list.

Source excerpt

  • Recruitment
  • Promotion
  • Direct recruitment
  • Deputation
  • Recruitment rules
  • Vacancy filling
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Service law

UNION OF INDIA & ORS. versus LT. COL. OM DUTT SHARMA (RETD.) DEAD THROUGH LRS & ORS.

Personnel of the Army Postal Service on deputation from the Department of Posts, even if holding temporary Army commission and ranks, continue to hold a lien in their parent civil department and are governed by civil pension rules for service pension; therefore, they are not entitled to the benefit of One Rank One Pension (OROP) extended to Armed Forces pensioners. The applicable Army instructions and government circulars specifically restrict OROP to those receiving pension from Defence establishments, which does not include the respondents or similarly situated APS personnel.

Source excerpt

  • Pension
  • One rank one pension (orop)
  • Army postal service
  • Deputation
  • Civil service rules
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India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.