S.N.MAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been preferred by the petitioner against the order dated 8th September, 2005 passed by Central Administrative Tribunal (hereinafter referred lo as the Tribunal), Circuit Bench at Ranchi in O.A. No. 215 of 2005. whereby and where under, application preferred by petitioner was dismissed. The parent department of the petitioner is Central Mining Research Institute, Dhanbad (Council of Scientific and Industrial Research -hereinafter referred to CSIR. He was deputed on 29th July, 2003 as Controller General of Patents. Designs and Trade Marks. Alter about one year, by impugned Order F No. 8/52/2001 -PP and C) dated 31st August, 2004, he was repatriated to his parent department. The said Order was challenged by the petitioner in O.A. No. 215 of 2005, which was dismissed by the Tribunal by impugned Judgment and Order dated 8th September, 2005.

(2.) THE main plea taken by the respondents is that the petitioner has no right to continue on deputation and he is not entitled for any protection of pay in the deputation post.

(3.) FROM the writ petition, it appears that the respondents issued an advertisement in the Employment News dated 20/26th October, 2001, calling for applications from eligible candidates for appointment to the post of Controller General of patents, Designs and Trade marks, vide Annexure -8. Therein, the Ministry proposed to fill up the post by transfer on deputation, including short -term contract. The petitioner being eligible applied through his parent organisation i.e., Central Mining Research Institute, Dhanbad. The selection was made by the Union Public Service Commission (UPSC for short),which held interview and personal talk on 4th June, 2002. The petitioner having found fit for appointment and being on the top of the merit list, the UPSC recommended his name for appointment. The competent authority approved the appointment of the petitioner for the post of Controller General of Patents. Designs and Trade Marks in the scale of Rs. 18,400 -500 -22400/ -. on deputation basis for a period of five years or until further orders, whichever is earlier with effect from the date of assumption of the charges of the post, communicated vide letter No. 8/52/2001 -PP and C (Vol. II) dated 23rd June, 2003 issued by the Deputy Secretary to the Government of India, Ministry of Commerce and Industry, Department of Industrial Police and Promotion. Thereafter, H.E. President of India was pleased to appoint the petitioner as Controller General of Patents. Designs and Trade Marks under the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) on deputation basis for a period of five years or until further orders, whichever is earlier vide Notification No. 8/52/2001 -PP and C dated 11th August, 2003. It was published in the official Gazette of India Part -I, Section II. The petitioner joined the said post and continued to function but after about 11 months, the Under Secretary to the Government of India. Ministry of Commerce and Industry, Department of Industrial Policy and Promotion issued impugned Order F No. 8/52/2001 -PP and C dated 31st August, 2004 and petitioner was repatriated to his parent department, namely Central Mining Research Institute, Dhanbad with immediate effect.