UNION OF INDIA & ANR Vs. S.N.MAITY & ANR - Synopsis
Team SoOLEGAL 6 May 2017

As per case respondent was working as a Scientist E-II in the Central Mining Research Institute (Council of Scientific and Industrial Research). On 29.07.2003, he was appointed on deputation to the post of Controller General of Patents, Designs and Trade Marks ( CGPDTM). After serving there for one year, by order F.No. 8/52/2001-PP&C dated 31.8.2004, he was repatriated to his parent department. The said order was challenged and he could not have been pre-maturely repatriated to his parent and there has been violation of principle. Union of india dismissed the original application and said he had no right to post as he was deputation. Also,tribunal accepted the stance put forth by the Union of India and dismissed the Original Application. As per court appellant should not suffer any loss, he is allowed to get the entire salary that was payable to him for the post of CGPDTM for the balance period, that is, five years minus the period he actually served and drawn the salary. Another fact is that a deputationist was getting a higher scale of pay in the post while he was holding a particular post as deputationist. After the repatriation to the parent department, on selection to higher post, he was given higher scale of pay as it was fixed.  situation. Therefore, the submission does not commend acceptation and accordingly we repel the same. Appeal is extent indicated above. There shall be no order as to costs.

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