dofp2024_00112 — Deputation by appointment for a fixed number of years or 'until further orders' cannot be exercised arbitrarily but must have some rationale. The Applicant, a Scientist, E-II in Central Mining Research Institute was sent on deputation to the post of Controller of General Patents Designs and Trade Marks (CGPDTM) cannot be recalled by the parent department before the end of tenure without assigning any reason

Deputation by appointment for a fixed number of years or 'until further orders' cannot be exercised arbitrarily but must have some rationale. The Applicant, a Scientist, E-II in Central Mining Research Institute was sent on deputation to the post of Controller of General Patents Designs and Trade Marks (CGPDTM) cannot be recalled by the parent department before the end of tenure without assigning any reason — This chunk pertains to the discussion on the order of repatriation of Respondent No. 1 from the post of CGPDTM, its justification, and the High Court's direction for reinstatement which is challenged... — Facts: Respondent No. 1, who was working as Scientist E-II in Central Mining Research Institute was appointed on deputation to the post of CGPDTM for 'five years or until further orders' on 29-7-2003. After serving one year, he was repatriated to his parent department by Order, dated 31-8-2004. The said order when challenged before Tribunal was dismissed. On challenging the order of Tribunal, the High Court set aside the order of the Tribunal and directed the petitioner, Union of India to be reinstated in the post of CGPDTM on similar terms and conditions with all consequential benefits. That order of High Court is challenged by this writ before the Apex Court. On hearing both sides, the Apex Court held: