Mohammad Rafiq, J. - (1.) This special appeal seeks to challenge judgment of the Single Bench dated 5th of November, 2015, by which writ petition filed by appellant has been allowed in part and order placing him under suspension dated 17.04.2015 has been set aside, however, challenge to order dated 25.03.2015, whereby the appellant was directed to join the post of Deputy Registrar in Jiwaji University, Gwalior, repatriating him from deputation, passed by the Deputy Secretary to the Government of Madhya Pradesh, in its Higher Education Department, has been repelled.
(2.) The facts which are requisite to be stated are that respondent No. 2 - National Council for Teacher Education (for short, 'the NCTE') by issuance of vacancy circular dated 15.11.2012 (Annexure -9 to writ petition) invited applications from eligible officers under the Central/State Governments/PSUs/Statutory, Semi Govt. or Autonomous under the Central/State Government, for filling up the posts of Deputy Secretary/Regional Director on deputation (including short term contract) at its Headquarters, New Delhi and Regional Committees at Jaipur, Bhopal, Bhubaneshwar and Bangalore, on foreign service terms subject to fulfilling the eligibility criteria as mentioned therein. The general instructions appended to the said vacancy circular provided that the period of deputation (including short term contract) shall not ordinarily exceed three years, which can be extended maximum up to five years with the concurrence of the lending organization. Only short listed candidates will be called for interview and/or any further selection process. Appellant Dr. I.K. Mansoori, who was working as Deputy Registrar, Jiwaji University, Gwalior, also applied for that post in response to aforesaid vacancy circular, and submitted application through the Registrar, Jiwaji University, Gwalior, for his recruitment by deputation with the NCTE. The Registrar of the said University vide letter dated 10.04.2013 forwarded his application to the Government of Madhya Pradesh for their consent. The Under Secretary to the Government of Madhya Pradesh, Higher Education Department, vide letter dated 28.05.2013, addressed to the Member Secretary of the NCTE, New Delhi, conveyed their 'no objection' for deputation of the appellant as Deputy Secretary/Regional Director with the NCTE. It was thereafter that the said University with their letter dated 31.08.2013 forwarded the application of the appellant to the NCTE. The Member Secretary, NCTE, New Delhi, vide letter dated 27.02.2014, conveyed to the Registrar, Jiwaji University, Gwalior that the appellant has been selected for appointment as Deputy Secretary/Regional Director in the PB -III - Pay Scale: Rs. 15600 -39100 along -with Grade Pay: Rs. 7600/ - in the National Council for Teacher Education on deputation/short term contract basis, initially for a period of one year, extendable up to three years, on year to year basis. The said letter also conveyed that the terms and conditions for the deputation will be governed by the provisions contained in the Department of Personnel & Training OM No. 6/8/2009 -Estt (Pay -II) dated 17.06.2010, as amended from time to time, a copy whereof was enclosed therewith. It was requested that appellant Dr. I.K. Mansoori may be relieved so as to enable him to join the above mentioned post and he may be advised to report to the Member Secretary, NCTE, Wing -II, New Delhi. Copies of the letters were endorsed to the appellant as also to the Under Secretary to the Government of Madhya Pradesh in its Higher Education Department.
(3.) The appellant thereupon submitted an application on 04.03.2014 to the Principal Secretary, Department of Higher Education, Government of Madhya Pradesh, Bhopal, through the Registrar, Jiwaji University, Gwalior, for relieving him to join the post as early as possible but before 10.03.2014, as per offer aforesaid. The Deputy Secretary to the Government of Madhya Pradesh, sent a communication on 04.03.2014 to the Registrar, Jiwaji University, Gwalior, conveying approval of the Department for deputation of the appellant with the NCTE for a period of one year, and required the latter to relieve the appellant under intimation to the Department. The Deputy Registrar (Administration) of the Jiwaji University, Gwalior, by order dated 04.03.2014, which was addressed to the Secretary, NCTE, New Delhi, relieved the appellant in the afternoon of that date to join there. Accordingly, the appellant joined the services with the NCTE on 06.03.2014. The Deputy Secretary to the NCTE, vide office order dated 18.03.2014, posted the appellant in NCTE as Deputy Secretary/Regional Director at NRC, Jaipur, on deputation basis (in terms of foreign service), initially for a period of one year, extendable up to three years, on year to year basis, until further orders, as per Department of Personnel & Training Rules, with effect from 06.03.2014, the date when the appellant joined the NCTE Headquarters. The appellant, in this manner, satisfactorily completed the tenure of one year on 04.03.2014. However, the NCTE sent a letter dated 24.02.2015 to the Deputy Secretary, Department of Higher Education, Government of Madhya Pradesh, conveying that the deputation of the appellant working with them as Regional Director, NCTE, NRC, Jaipur, for a period of one year, which was extendable up to three years, was about to complete on 04.03.2015 and that, in continuation of the above term and period of his recruitment/appointment as well as keeping in view the inevitability of the services of the appellant and also his willingness to continue his service for another one year, the competent authority has decided to extend the term of his appointment/deputation period for another one year beyond 05.03.2015. It was therefore requested to convey the approval of the competent authority of the lending Department for another period of one year beyond 05.03.2015.;