C P GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has brought this writ petition seeking quashment of the order dated August 11, 1995 by which she has been repatriated to her parent department and also for declaration that she be deemed to have been absorbed permanently in the post of Director of the Institute for Physically Handicapped under the Ministry of Welfare and for direction that respondents be restrained from repatriating her to her Parent Department in future.

(2.) . Facts leading to the filing of the present petition, in brief, are that a post of Director had fallen vacant in the said Institute for Physically Handicapped and an advertisement was issued inviting applications for appointment on transfer on deputation basis or on term contract for five years. Petitioner, who was holding a permanent post as Deputy Director of Training in the Directorate General of Employment & Training, Ministry of Labour, had applied for the said post of Director. After the interview, she was duly selected and was appointed to the said post of Director on deputation basis after the respondent had obtained the necessary permission from the Ministry concerned for making the appointment on deputation basis for a period of three years from the date of appointment or till January 31, 1994, whichever is earlier.

(3.) . The petitioner, however, was not repatriated to her Parent Department within the said stipulated period of deputation and the case of the petitioner is that she be deemed to have been confirmed and permanently absorbed in the post of Director and respondents have no legal right to have passed the impugned order repatriating her to her Parent Department. It is not necessary to refer to other averments made in the writ petition as the counsel for the petitioner has confined his arguments only to the right of the petitioner to be deemed to have been permanently absorbed in the post of Director with the respondent Institute.