Arijit Pasayat, J. - (1.) These appeals are classic examples of how simple controversies can be turned into confusions galore. The chameleonic somersaults in stands taken by the concerned authorities has added to the confusion in no less measure. The controversy related to simple question as to whether Seethal Kumar Vaish (hereinafter referred to as the employee) was on deputation, and if not, what was his status in employment. The High Court rightly noted that there has been great shift of stands by the parties and ultimately came to the conclusion that the employee was in substantive employment with Ram Ganga Command Area Development Project (hereinafter referred to as the project) and thereafter in the Ram Ganga Command Area Development Authority (hereinafter referred to as the Authority). He was not liable to be treated as employee of the Kanpur Sakkari Milk Board Limited (in short Milk Board).
(2.) As the stand has shifted and there is no consistency therein, it would be appropriate to cull out the basic features so that the controversy can be best resolved. The judgment of the High Court has been assailed by both the authority and the State of Uttar Pradesh.
(3.) The factual scenario, keeping out the contradictions, as essentially are as follows: The employee was appointed by the Milk Board by order of appointment dated 5/9-4-1974 as Assistant Sales Officer on probation for six months, which period could be extended; the appointment was purely on temporary basis and could be terminated without notice and assigning any reason at any time even before the stipulated period. The authority requested the Area Development Department of the State Government for sending the employee on deputation, by its letter dated 6-2-1977, for being posted in the newly created Animal Husbandry Department. At that point of time, the employee was working as Field Officer. the Milk Board by its letter dated 25 2 1977/1-3-1977 acted on the said request. The letter of the Milk Board is of great significance in the present controversy. The same is reproduced; "Office of the Kanpur Co-operative Milk Board Ltd., Nirala Nagar, Kanpur. Letter No. 2128/Admn. Dated 25-2-1977/1-3-1977 The Administrator, Ram Ganga Block Development Authority, 3/A/245 Azad Nagar, Kanpur. Subjec :- Deputation of the field officer Shri S. K. Vasya. Sir, With reference to your letter No. 15015/Est/77 dated February 8, 1977, it is respectfully submitted that Shri S. K. Vashya, Field Officer has given his consent in writing for going to Ram Ganga Authority on deputation. Therefore, Mr. Vashya is being relieved from this Institute in the after noon of 28 2 1977 so that he may submit his joining report as per the rules in the Authority Office. Rules regarding the deputation be sent separately. Yours Sd/- (Ram Janam Singh) Secretary." ;