Delhi High Court
Suresh Chand And Ors vs Union Of India And Ors on 22 August, 2022
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 22.08.2022
+ W.P.(C) 12122/2022
SURESH CHAND AND ORS ..... Petitioners
Through: Mr. Ankur Chhibber and
Mr.Anshuman Mehrotra, Advocates.
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr.Anil Soni, CGSC with
Mr.Devesh Dubey (G.P.), Adv. for
Respondent Nos.1 to 3 with SI
Harindra Singh (SSB)
Mrs.Avnish Ahlawat with Ms.Tania
Ahlawat, Ms.Palak Rohmetra,
Mr.Nitesh Kr. Singh, Ms.Laavanya
Kaushik & Ms.Aliza Alam, Advs. for
Respondent No.4.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE SAURABH BANERJEE
J U D G M E N T (oral)
CM APPL. 36238/2022 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application is accordingly disposed of.
W.P.(C) 12122/2022 & CM APPL. 36237/2022(for stay)
3. By way of the present petition, petitioners seek the following reliefs:-
"(i) Issue of Writ of Certiorari for quashing of the order
dated 17.08.2022 to the extent whereby the respondents
have included the names of the petitioners amongst the
officers whose deputation in Delhi Police have been
prematurely reversed and cancelled; and
(ii)Issue of Writ of Mandamus directing the respondents to
allow the petitioners to continue at their deputed
organization, i.e. Delhi Police for a minimum of atleast the
approved tenure, i.e. 03 years, keeping in view their special
family circumstances, in terms of the OM dated 17.06.2010
issued by the DoPT as well the judgment dated 07.10.2005
and 08.05.2008 passed by the Hon'ble Apex Court in case of
Union of India and Ors. v V. Ramakrishnan and
P.Venupgopal vs. Union of India respectively and also the
order dated 17.08.2022 passed by this Court in W.P.(C)
11913/2022 titled as Rajendra Kumar and Ors. vs. Union of
India & Ors."
4. Learned counsel appearing for the petitioners has drawn attention of
this Court to Clause 9 of the Office Memorandum bearing no. 6/8/2009-Estt.
(Pay II) dated 17.06.2010 wherein it is stated as under:-
"Premature reversion of deputationist to parent cadre.
Normally, when an employee is appointed on
deputation/foreign service, his services are placed at the
disposal of the parent Ministry/ Department at the end of
the tenure. However, as and When a situation arises for
premature reversion to the parent cadre of the
deputationist, his services could be so returned after giving
an advance notice of at least three months to the lending
Ministry/Department and the employee concerned."
5. As per the averment made in the present petition, Clause 9 mentioned
above has not been complied with.
6. Accordingly, we hereby dispose of the present petition by directing
the respondents to issue advance notice in terms of Clause 9 above.
7. However till then, the petitioners shall continue to operate at their
deputed place(s) of posting.
8. Petition is accordingly disposed of alongwith the pending application.
9. Order dasti under the signatures of the Court Master.
(SURESH KUMAR KAIT)
JUDGE
(SAURABH BANERJEE)
JUDGE
AUGUST 22, 2022/ab
