P. S. N. RAO v. NATIONAL PROJECT IMPLEMENTATION UNIT NEW DELHI
1992-09-08
JASPAL SINGH, MOHINDER NARAIN
body1992
DigiLaw.ai
Mohinder Narain,j. ( 1 ) WE have heard the parties at length. Whatemerges from the documents on record, and from what we have heard incourt, it is clear that the petitioner was on deputation. Being on deputation,law relating to deputation will come into operation, what has been succinctlylaid down by the D. B. of Madras High Court Registrar v. R. Periaswamyand Another ,1990 (3) SLR 646. In this case, D. B. also referred the casereported as AIR 1991 Punjab and Haryana 113 (Lajpat Nath Mago v. Governor of Haryana and Others ). According to the principles enunciated inthe Madras Judgment, it is clear that a person who is borrowed from onedepartment and is asked to work in another department temporarily, if he isreverted back to the original department, there is no question of the termination of any service in the proper sense of the term. In other words hisservices in the transferred department have come to an end. He goes backto the parent department. That is because he has lien in the parent department. That lien continues so long as that lien continues, he has a right to goback to that department. ( 2 ) IN the case before us, the petitioner was working with the State oforissa. He went on deputation to the National Project Implementation Unitof the Ministry of Human Resources Development, Department of Education. The department to which he went on deputation has put an end to hisdeputation and has asked him to go hack. Inasmuch as his lien with theorissa Government continues to exist, he will get benefit of the same, whatever the benefits are available thereunder. As far as he is losing his certainbenefits which accrued to him while he was on deputation, the deputationhaving come to an end, the financial benefits must have also come to anend. ( 3 ) THE petitioner who has appeared in person, has not been able togive us any judgment contrary to the judgment of the Madras High Courtand the judgment of the Punjab and Haryana High Court. We respectfullyagree with the observations of both the aforesaid judgments and in thisview of the matter; we decline to entertain the present writ petition. ( 4 ) THE writ petition is dismissed accordingly.