M.A. Imam, Group A vs Union Of India

L. Narasimha Reddy, J

The applicant is a permanent employee of the Central Electricity Authority. Through order dated 11.05.2017, Ministry of Women and Child Development, Government of India, respondent herein, appointed him as Director of the National Institute of Public Cooperation & Child Development (for short, NIPCCD) on deputation basis, for a period of two years, from the date of assumption of the charge of the post or until further orders, whichever is earlier.

The applicant contends that the Service Rules of NIPCCD are silent as to the tenure of an employee taken on deputation and according to the Clause 45 of Bye Law, the rules framed by the Central Government on the subject would become relevant wherever rules of the NIPCCD are silent.

The applicant contends that in the OM dated 17.06.2010, issued by the DOP&T, the tenure of an employee taken on deputation is stipulated as three years. It is also stated that in its decision, the Executive Council of the NIPCCD sought approval to extend term of deputation and a proposal to that effect was also submitted. The grievance of the applicant is that no action has been taken thereon and that he is sought to be dis-continued on expiry of two years.

This OA is filed with a prayer to direct the respondents to fix the term of deputation as three years, in consonance with the OM dated 17.06.2010.

We heard Shri Mukul Gupta, learned Senior Advocate for the applicant and Shri S.K. Tripathi for Shri Gyanendra Singh, learned counsel for respondents, at length, at the stage of admission.

In the order of appointment of the applicant on deputation basis, it was clearly mentioned that the term is for two years from the date of assumption of charge. If the applicant had any reservation about the term, he was supposed to make his view point clear, at that stage itself. He is now at the fag end of his term of two years.

Reliance is placed upon OM dated 17.06.2010 as well as some correspondence that is said to have ensued between the NIPCCD and the concerned Ministry. Even if that is true, we find it difficult to express any view on the legal aspect or the situation. It is always for the concerned borrowing department to consider whether or not to continue an employee working under them. Much would depend upon their satisfaction as to the functioning of the employee on deputation and their need. If the applicant is of the view that his deputation needs to be extended, he has to make a representation to the concerned department, so that a well considered decision is taken. As of now, the applicant has not made any representation.

We, therefore, dispose of the OA, leaving it open to the applicant to make a representation for continuation of deputation beyond two years. As and when a representation is received, the respondents shall ascertain the views of NIPCCD and pass appropriate orders within a period of four weeks, from the date of receipt of the representation.

There shall be no orders as to costs.