1999 (5) TMI 637 - SC - Indian Laws

Summary

Issues involved:
The issues involved in this legal judgment are whether the appellant should be treated as a permanent employee of the Bihar Sanskrit Shiksha Board or if he was on deputation from Kameshwar Singh Darbhanga Sanskrit University.

Issue 1: Appellant's Employment Status
The appellant, who was initially deputed from the University to the Bihar Sanskrit Shiksha Board as Controller of Examinations, sought confirmation in this role. The University and the Board both approved his permanent absorption in the Board. Despite this, the Board terminated his services based on a High Court judgment. The High Court held that the appellant could not claim permanent employment with the Board. The appellant challenged this decision through two cases.

Key Details:
- The Board sought permission from the University to depute the appellant as Controller of Examinations.
- The State Government authorized the appellant to discharge duties as Controller of Examinations.
- The Board recommended the appellant's confirmation to the State Government.
- The University consented to the permanent absorption of the appellant in the Board.
- The State Government appointed the appellant as Controller of Examinations.
- The High Court, in a previous judgment, directed the State Government to decide on the mode of appointment for the Controller of Examinations post.

Issue 2: Legality of Termination
The Board terminated the appellant's services in anticipation of government approval, following the High Court judgment. The State Government approved this decision. The appellant challenged these termination orders in a writ petition, seeking reinstatement and payment of arrears. The Court ordered his reinstatement and payment of arrears. The appellant continued in his role until retirement in 1996.

Key Details:
- The Board terminated the appellant's services based on the High Court judgment.
- The State Government approved the termination.
- The Court ordered the appellant's reinstatement and payment of arrears.
- The appellant continued in his role until retirement.

Issue 3: Deputation and Employment Consensus
Deputation involves the assignment of an employee from one department to another in public interest. In this case, the University, the Board, and the appellant all consented to the deputation and his permanent absorption by the Board. The Court found no evidence of impropriety or lack of public interest in the deputation. The Division Bench erred in dismissing the appellant's writ petition, and the appellant's retirement benefits were to be calculated based on his permanent employment status with the Board.

Key Details:
- Deputation involves the voluntary assignment of an employee to another department.
- The University, the Board, and the appellant consented to the deputation.
- No evidence of impropriety in the deputation was found.
- The Division Bench erred in dismissing the appellant's writ petition.
- The appellant's retirement benefits were to be calculated based on his permanent employment status with the Board.

In conclusion, the Supreme Court allowed the appeal, setting aside the High Court judgment and quashing the termination orders. The appellant was deemed a permanent employee of the Board at the time of his retirement, with his retirement benefits to be calculated accordingly.