U.O.I. Thr. Govt. Of Pondicherry & Anr vs V. Ramakrishnan & Ors on 7 October, 2005
Learned counsel for the petitioner, submits that the
respondents are obliged to honour the terms and conditions of
the resolution framed under Memo No. 1078 dated 08.03.2007
which lay down the criteria and tenure in respect of such
deputation in different works department. According to the
petitioner, the period of deputation of an employee of the cadre
of Assistant Engineer is ordinarily six years and that of the
Junior Engineer is ordinarily held to be nine years. He has,
however, relied upon the letter of the Building Construction and
Housing Department, Government of Bihar bearing no.
1-103/92-1240 dated 10.04.1992 in which the practice of recall/
relieving of the officers of Public Works Department from other
department have been looked down upon stating that it should
only be done after taking consent of the department where the
employee is under deputation. Learned counsel for the
petitioner submits that impugned order of repatriation has been
issued in discriminatory manner as the some of the persons
covered under the said circular, however, have completed six
years of deputation as well, but the petitioner has not yet done
so. In such circumstances, he has relied upon the judgment
rendered by the Hon'ble Supreme Court in the case of Union
of India through Government of Pondicherry and Anr. Vs.
V. Ramakrishnan and Ors. reported in 2005 (8) SCC 394
paragraph-32 thereof. Therefore, according to the learned
counsel for the petitioner, the impugned order of repatriation is
in teeth of the laid down guidelines under the circular in vogue
and also an act of malice in law which requires interference by
this Court in writ jurisdiction.