REINSTATEMENT OR FULL SALARY FOR THE BALANCE PERIOD IS ADMISSIBLE FOR PREMATURE REPATRIATION FROM DEPUTATION IN ACCORDANCE WITH A SUPREME COURT DECISION.
The respondent was working as a Scientist E-II in the Central Mining Research Institute. On 29.07.2003, he was appointed for 5 years on deputation to the post of Controller General of Patents, Designs and Trade Marks (‘CGPDTM’). After serving there for one year, he was repatriated to his parent department. The said order was challenged before the central administrative tribunal contending that he could not have been pre-maturely repatriated to his parent department and there had been a violation of the principle of audi altram partem. The said stand of the 1st respondent was contested by the authorities of Union of India proponing that he had no right to continue in the post as he was on deputation. The tribunal accepted the stance put forth by the Union of India and dismissed the Original Application. Then the 1st respondent invoked the jurisdiction of the High Court under Article 226 and 227 of the Constitution of India. The Division Bench of the High Court has overturned the order passed by the Central Administrative Tribunal and directed that the writ petitioner to be reinstated in the post of CGPDTM on similar terms and conditions with all consequential benefits.Then the Union of India appealed to the Supreme Court.
In the appeal, the Supreme Court of the considered view that there should not be any loss of salary, but at the same time, S.C. was of the view that, if they direct for his reinstatement as the High Court had done, it would create an anomalous situation. Therefore, in their considered view, the cause of justice would be best subserved, if he was allowed to get the entire salary that was payable to him for the post of CGPDTM for the balance period of five years minus the period he had actually served and drawn salary. Therefore, the Supreme Court directed the Appellants to pay the balance amount with interest @ 9% p.a. within three months. (Reference: THE SUPREME COURT OF INDIA decision in Union of India & Anr. ... Appellants V/S S.N. Maity & Anr. ...Respondents in CIVIL APPEAL NO.5983 OF 2007 decided on January 06, 2015)