G D SHARMA Vs. UNIVERSITY GRANTS COMMISSION

JUDGEMENT

(1.) By this order I shall dispose of CM Nos. 7842/99 and 8025/99. Let me state the facts in brief first. Petitioner is working as `Senior fellow and Head', Higher Education Unit, National Institute of Educational Planning and Administration (hereinafter referred to as `NIEPA', for short) New Delhi. He applied for the post of Secretary, University Grants Commission (hereinafter referred to as `UGC', for short) and on being selected to the said post he was offered the appointment vide communication dated 4th July, 1996 which is inter alia stated as under:-

(2.) Alongwith this communication dated 4th July, 1996 terms and conditions of his appointment as Secretary, UGC were also enclosed. On petitioner's accepting the offer of appointment, NIEPA issued Order No. 188/96 dated 8th July, 1996 relieving him as Senior Fellow and Head and after getting himself relieved the petitioner joined UGC as its Secretary, on 8th July, 1996. Alongwith this Officer Order No. 189/96 of NIEPA, copy of the terms and conditions governing his deputation to UGC was also attached.

(3.) The post of Secretary, UGC is a tenure post, period of which is 5 years. It is extendable by another 5 years after the initial expiry of 5 years period. UGC had accordingly selected the petitioner on the said tenure post for a period of 5 years. The terms and conditions which were enclosed alongwith letter of selection dated 4th July, 1996 also mentioned that this was for a period of 5 years renewable for one more term of 5 years, both being subject to the age of petitioner's superannuation in his parent organisation. It may be mentioned here at this stage itself that as per these terms and conditions the petitioner was taken on deputation as is clear from the heading of the terms and conditions itself. However, in the terms and conditions of deputation mentioned by NIEPA alongwith its relieving Order No. 189/96 dated 8th July, 1996 the period of deputation was mentioned as 2 years. This was as per the rules in NIEPA about which detailed discussion would be made at a later stage. Reacting to Office Order No. 189/96 dated 8th July, 1996 issued by NIEPA, UGC wrote back letter dated 20th August, 1996 stating that it had accepted the terms and conditions of deputation in respect of petitioner as Secretary, UGC except serial No. 1 (related to the deputation period of 2 years) and it was stated that as Secretary, UGC was a tenure post the period of deputation may be treated as 5 years as per the terms and conditions of deputation sent by UGC to NIEPA vide letter dated 4th July, 1996 addressed to the petitioner. Response to this letter is not on record. However thereafter there is a protracted correspondence between UGC and NIEPA as per which deputation period was treated as 2 years and extension of this deputation period was sought for. Accordingly, NIEPA vide its Officer Order date 321/98 dated 17/18.1.1998 granted extension of the term of deputation of the petitioner for another period of one year w.e.f. 8.7.1998 to 7.7.1999. It was also stated in the said Office Order No. 321/98, under terms of service regulation of NIEPA this is the final extension of deputation of the petitioner. Before the expiry of this term, UGC wrote another letter dated 11.2.1999 to NIEPA requesting NIEPA to extend the period of deputation beyond 7.7.1999. In reply NIEPA vide its letter dated 31st March, 1999 informed UGC that deputation beyond maximum period of 3 years could not be given and therefore no extension was possible. Even the petitioner addressed certain communications during this period to UGC as well as NIEPA whereby he made an attempt to get his deputation period extended beyond 7th July, 1999.