Putul Konwar v. Oil and Natural Gas Corporation Ltd.
2003-07-21
I.A.ANSARI, P.P.NAOLEKAR
body2003
DigiLaw.ai
JUDGMENT P.P. Naolekar, J. 1. The appellants, who were appointed as Firemen under the Assam State Fire Service Organisation of the Government of Assam, have been sent to the Oil and Natural Gas Corporation Ltd, (for short, "ONGC") on deputation on the request made by the ONGC to the Government of Assam. Since a question arose as to what would happen to the persons who have been sent on deputation - whether they would be absorbed in the service by the ONGC, by a letter dated 30.12.1997, the Administrative Officer (P&A) of the ONGC written to the Under Secretary, Home Department, Government of Assam that the existing contract which was effective for one year was extendable at the discretion of the ONGC, and the matter regarding permanent absorption can be looked into separately only after one year, subject to vacancy position, ONGC personal policy at that time, and suitability of the incumbents on deputation. 2. The officers sent on deputation have worked with the ONGC initially for a period of one year and, thereafter, the said period was extended for two years. As the period of two years was expiring, expecting that they would be sent back to their parent department, some of the persons who have been appointed on deputation have approached this Court by filing a writ petition which was registered as W.P.(C) No. 2468/2001. The learned Single Judge by his order dated 29.6.2001 disposed of the said writ petition observing therein that the respondents -- ONGC shall consider the case of the petitioners in the light of the contentions indicated above and thereafter shall pass necessary orders in respect of the petitioners. In pursuance of the direction issued by this Court, the ONGC has considered the cases of the persons who have been appointed on deputation to the ONGC and an order has been issued on 18.9.2001 whereby the persons on deputation in ONGC have been relieved to join their parent department. While issuing the said order, it has been mentioned that there are no vacancies available and requirement to continue with the services" of the fire personnel on deputation in ONGC is not necessary. The appellants/ petitioners have again filed a writ petition praying that their services be absorbed in the ONGC. The learned Single Judge has dismissed the writ petition on the ground that deputationists have no right over the posts.
The appellants/ petitioners have again filed a writ petition praying that their services be absorbed in the ONGC. The learned Single Judge has dismissed the writ petition on the ground that deputationists have no right over the posts. Aggrieved by the said order, the present appeal is filed. 3. It is contended by the learned senior counsel, Mr. G.N. Sahewalla, appearing for the appellants that though reason has been given by the ONGC that no vacancy is available for absorbing the persons who have been placed on deputation, on a later date, the ONGC has recruited certain persons on the posts of fire personnel and, therefore the appellants petitioners have not been properly considered for their absorption on the posts which they held on deputation. It is settled principle of law that an employee who has been sent on deputation has no right to hold the post for all times to come and to absorb a particular person in service depends on the relevant Rules as well as will of the employer who has to consider various aspects before issuing an order of absorption of a deputationist. There is, therefore, no right of the deputationists to be absorbed on the posts which they held on deputation. That being the case, no writ can be issued directing the employer to absorb the appellants petitioners who are working on deputation. 4. We do not find any infirmity in the order passed by the learned Single Judge. The appeal is accordingly dismissed. However, we make no order as to costs. Appeal dismissed.