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Union of India v/s. S.N Maity , 2015 4 SCC 164

Date : 06/01/2015

The respondent was appointed on deputation to post of controller General of Patents, Designs and Trade Marks (C GPDTM) for 5 years or “until further orders” on 29.07.2003 after undergoing selection process and eventual recommendation by UPSC and was working as scientist EII in central mining research institute. However, he was repatriated to parent department after one year only.
The court held that power under “until further orders” clause cannot be exercised arbitrarily or capriciously but must have some rationale and judgement passed by High Court setting aside premature repatriation order passed against the respondent was found justified by the court. It was further held that merely because words “until further orders” is used would not confer allowance on the employer to act with caprice. The court directed that since the period of appointment is over since last six years, the interest of justice would be served if the respondent 1 is paid entire salary payable to him for the post of CGPDTM for balance period with interest @ 9% p.a within three months.

TP_2015_4_scc_164_176_debashishmohanta_hrlnorg_20170908_171450 (1)

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