Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the parties. The order under challenge bearing No. 39/2013 -14 dated 30th April, 2013 (Annexure -26) is an order of reversion of the petitioner to the post of Assistant General Manager under NABARD with effect from 1st April, 2013 in the scale of Rs. 28,350 -41,400/ -. Petitioner was promoted to the post of Deputy General Manager vide Annexure -8 dated 10th August, 2011 issued by the Chief General Manager, NABARD, respondent No. 3 in the scale of Rs. 39,850 -46,150/ -. The order of promotion to take effect from 4th July, 2011.
(2.) The factual matrix of the underlying controversy as borne from the pleadings on record by the rival parties are as follows: - - (i) Petitioner was serving as an Assistant General Manager under National Bank for Agriculture and Rural Development (hereinafter referred to as 'NABARD') when he was deputed on 17th February, 2005 to the Government of Jharkhand as an Officer on Special Duty, on which post he worked till 28th February, 2010. Government of Jharkhand again made a request for his deputation to NABARD on 30th May, 2011 (Annexure -2) issued by Principal Secretary, Institutional Finance and Programme Implementation Department. On consideration of the request and after seeking consent of the petitioner vide Annexure -3 dated 23rd July, 2011, his employer handed his services on deputation vide Annexure -4, order dated 1st July, 2011 issued by the Assistant General Manager. The deputation was to remain in force till 30th June, 2012 and was to be governed by the conditions contained in the letter dated 30th May, 2011 bearing No. 340 of the Department of Institutional Finance and Programme Implementation. Petitioner joined on 4th July, 2011 as per Annexures -5 & 6 dated 11th July, 2011 and 18th July, 2011 respectively. The Department of Institutional Finance and Programme Implementation, Govt. of Jharkhand through its resolution bearing Memo No. 509 dated 27th July, 2011 (Annexure -7) approved the conditions of service of the petitioner on deputation in the prescribed scale of pay, but also resolved to fix the tenure of his deputation for three years to be extended for two more years with the consent of NABARD. (ii) Petitioner was served with a letter of transfer dated 11th April, 2012 by NABARD (Annexure -11) to report at the close of business on 30th June, 2012 to the General Manager, NABARD, Kerala Region Office. Petitioner was admittedly not relieved by the Government of Jharkhand though communications were issued upon him later on again through Annexure -11 dated 8th June, 2012 by the Assistant General Manager, NABARD. In the interregnum he was given additional charge of officer on Special Duly in Planning and Development Department, Government of Jharkhand vide Memo No. 7058 dated 8th June, 2012 issued by the Personnel, Administrative Reforms and Rajbhasa, Government of Jharkhand. He took charge of the said post also on 11th June, 2012 (Annexure -13). The Chief Secretary, Jharkhand through D.O. No. 494 dated 15th June, 2012 (Annexure -14) conveyed to the Chairman, NABARD the decision of the State Cabinet containing the terms and conditions of deputation and the period of his deputation for three years extendable by two years by mutual consent. It also impressed the necessity of petitioner on account of important assignments carried out by him and the decision of the State Government to retain him till June, 2014. Petitioner, however, requested on 22nd June, 2012 (Annexure -15) to Principal Secretary, Department of Institutional Finance and Programme Implementation to relieve him to join at Thiruvananthapuram on his transfer vide Annexure -11. The Chief Secretary, Jharkhand again wrote through D.O. No. 538 dated 2nd July, 2012 to the Chairman, NABARD taking note of his letter dated 21st June, 2012 expressing his inability to accede to the extension of deputation of the petitioner and repeated the request to retain his services till 30th September, 2012.
(3.) It appears that correspondences were also made by Chief Minister of the State to the Chairman, NABARD thereafter to retain the services of the petitioner in view of emergent situation arising out of drought declared in the State of Jharkhand and the requirement of the officer to handle the works allotted to him in absence of a suitable replacement easily within short period. The deputation of the petitioner was extended till 31st March, 2013 vide Annexure -19 dated 15th October, 2012. It was, however, hedged with a condition that in the event of deputation being extended beyond 31st March, 2013, he shall stand reverted to the Grade (Grade -'C' or the post of A.G.M.), on which he was deputed to the Government of Jharkhand. Petitioner was also advised to convey his acceptance. There were correspondences between the petitioner and NABARD in which apparently petitioner conveyed his inclination to be absorbed in the Government of Jharkhand subject to the proposal being initiated in this regard. As would appear from the letter No. 344 dated 31st March, 2013 issued by the Secretary, Institutional Finance and Programme Implementation Department to the Chairman, NABARD, a request was again made by the said department for retention of petitioner's services till 31st March, 2014 giving an indication that State Government may require his services on long term basis and was inclined to absorb him in the State Government services.;