BASHISHTHA RAI Vs. UOI

JUDGEMENT

(1.) Rule DB. With the consent of parties, the writ petition is taken up for final hearing.

(2.) The present writ petition by the petitioner arises from the dismissal on 15th April, 2005 by the CAT Delhi of the O.A.No.2270/2004 filed by him which O.A. challenged the order dated 16th January, 2003 passed by the Central Water Commission (CWC)/respondent No.1, rejecting the petitioner's prayer for a third deputation to the Bihar State Hydro Electric Power Corporation (B.S.H.E.P.C.). The following impugned order was passed in the CAT on 16th January, 2003 by respondent No.1:-

(3.) Para 8 of Chapter 49 of Swamy's Administration and Establishment Manual dealing with Deputation (Duty) Allowance has provided that ?the period of deputation/foreign service shall be subject to a maximum for a period of 3 years in all cases except for those posts where a longer period of tenure is prescribed in the recruitment rules. But the Administrative Ministry/borrowing organisation may grant extension beyond this limit up to one year, after obtaining orders of their Secretary/equivalent level officer in other cases where such extension is considered necessary in public interest?. If further provided that ?the borrowing Ministries/Departments/Organisations may extend the period of deputation for the 5th year or for the second year in excess of the period prescribed in the recruitment rules wherein too, sub conditions which have also been laid down?. Para 9 has provided that ?normally, when an employee was appointed on deputation/foreign service, his services are placed at the disposal of the parent Ministry/Department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputation, his services could be so returned after giving advance intimation of reasonable period to the lending Ministry/Department and the employee concerned?. Para 10 on the other hand ?deals with relaxation of conditions?. It says that any relaxation of these terms and conditions require the prior concurrence of Department of Personnel and Training. FR 110 (b) on the other hand has provided as under:-