UNION OF INDIA (UOI)THROUGH SECRETARY MINISTRY OF HUMAN RESOURCES DEVELOPMENT DEPARTMENT OF EDUCATION, Vs. SHRI T.B. TYAGI S/O. LATE SHRI M.B. TYAGI

JUDGEMENT

(1.) THE Respondent (Shri T.B. Tyagi) was working as a Trained Graduate Teacher at the relevant time in the Directorate of Education with the Government of Delhi. He went on a foreign assignment to Nigeria on deputation in terms of a tripartite contract. The period of deputation was for three years with effect from 9th August, 1974.

(2.) DESPITE completion of the deputation period, Shri Tyagi did not return to India allegedly because the Government of Nigeria did not relieve him. Shri Tyagi eventually returned to India and rejoined duties on 3rd March, 1987 after spending a little over 13 years in Nigeria.

(3.) THE question of treating the period of overstay in Nigeria came to be considered by the Government of India and on 13th November, 1995 an order was passed to the effect that the period of overstay from 9th August, 1979 to 3rd March, 1987 could not be regularized. There is no dispute that Shri Tyagi was given the benefit of regularization for a period of two years beyond the initial three -year deputation period. The order dated 13th November, 1995 reads as follows: