#deputation

The Supreme Court ruled that Rule 10's 'special circumstances' cannot cure illegal deputation and subsequent absorption, overturning the High Court's sympathetic retention of four engineers with 18 years' service. Repatriation to the parent Development & Panchayat Department was ordered, affirming that prolonged service does not legitimize backdoor entry into public employment.

Calcutta High Court rules that employees transferred on deputation without express consent cannot later challenge the posting if they accepted the role, drew salaries, and remained silent for over a year. The court holds that conduct implying acceptance-such as continued service-constitutes tacit consent, binding employees under public sector standing orders.

J&K and Ladakh High Court reinforces that parent organizations must pay gratuity while borrowing organizations are liable for leave encashment for deputed government servants. Reimbursement under J&K Civil Service Regulations is mandatory, with 10% interest on delayed gratuity and 6% on leave salary from petition filing. The ruling impacts financial liability distribution in deputation cases across public employment.

Uttarakhand High Court holds that service rendered on deputation before formal absorption under statutory rules does not qualify for pension benefits under the New Pension Scheme. Only service from the absorption date is reckonable, impacting government employees transitioning from public sector undertakings to government departments.

The Delhi High Court ruled that even if a deputationist meets all eligibility criteria under a Standing Operating Procedure, absorption into a permanent post remains a discretionary administrative decision, not a legal entitlement. This clarifies that post-repatriation claims for absorption are legally untenable, affecting thousands of central government employees on deputation across similar frameworks.

Bombay High Court holds that permanent teachers cannot be terminated without disciplinary proceedings or formal order, even in aided schools; entitles them to back wages and pension.