M.N. Bhandari, J. - (1.) BY this petition, a challenge is made to the order dated 25th March, 2015, whereby the petitioner was directed to join the post of Deputy Registrar in Jivaji University, Gwalior. It was in view of completion of period of deputation. A further challenge is made to the order dated 17.04.2015, by which the petitioner was placed under suspension on account of non -compliance of the direction for joining the post.
(2.) LEARNED counsel for petitioner submits that in pursuance to the invitation of the application for selection/appointment on the post of Deputy Secretary/Regional Director in National Council of Teachers Education (in short "NCTE"), the petitioner applied for the post. After selection through interview, the petitioner was appointed on the post of Deputy Secretary/Regional Director, NCTE on deputation. The petitioner was accordingly relieved by his parent organization. He thereupon rendered his services to the utmost satisfaction of the authority concerned. On completion of the period of one year, the NCTE decided on 24.02.2015 to extend the term of deputation beyond one year. The petitioner was shocked to notice that period of deputation was not extended thought it is provided for a period of three years. The period of deputation was curtailed without any reason. The vacancy circular issued by the NCTE for invitation of application and general instruction appended thereto provide ordinarily period of deputation of three years. The general instruction provides for extension of period which would not be beyond five years. To support his argument, a further reference of Office Memorandum (in short "OM") dated 17th June, 2010 was given because appointment on deputation makes reference of the said OM. As per Para 8.1 of OM, the period of deputation is for a period of three years extendable upto five years. The impugned order dated 25.03.2015 was passed contrary to the vacancy circular as well as OM thus, it deserves to be set aside. A further challenge is made to the order of suspension. The said order was passed without contemplation of inquiry but for the reason that petitioner did 'not join service' after revocation of deputation. The said order was stayed by this court. The prayer is accordingly to set aside the order of suspension as well.
(3.) LEARNED counsel for petitioner made a reference of the judgments of Hon'ble Apex Court in the case of Union of India & Anr. Vs. S.N. Maity & Anr., reported in : 2015 AIR SCW 579 and in the case of Ashok Kumar Ratilal Patel Vs. Union of India & Anr., reported in : (2012) 7 SCC 757. A further reference of judgment of this court in the case of Anil Shukla Vs. National Council for Teachers Education, reported in : 2002 (5) WLC 833 has been given.;