MANJU DIWARKAR SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for the respondents No. 2 to 5.

(2.) The challenge raised is to the order of the Tribunal dated 19th of February, 2019 contending that the petitioner's request for the extension of the deputation was pending and, even otherwise, the respondents had taken work from the petitioner even after the expiry of the period of deputation. In such circumstances, the petitioner is entitled to the salary for the period during which she has worked as well as other such pecuniary benefits, including counting the period of alleged overstay towards her services as well. The petitioner was working as a Junior Engineer in Andaman Lakshdweep Harbour, at Port Blair. She came to be appointed on deputation with the Employees' Provident Fund Organization and the letter of appointment is dated 1st February, 2013, copy whereof is Annexure-2 to the petition. The terms and conditions of appointment categorically provide that the tenure shall be three years and no overstay was made permissible. Clause-(i), (iv) and (v) of the letters of appointment is extracted hereinunder:-

(3.) The petitioner joined her services on deputation at Patna on 6th of February, 2014 and a copy of the joining report is Annexure-3 to the writ petition.