Legal Reference Library

The Delhi High Court speaking through Justice Ved Prakash Vaish in Dr.Professor Santhosh Panda vs. Indira Gandhi National Open University [ W.P.(C) 2299/2016] has ruled that a person on deputation (deputationist) cannot seek to claim any vested right to the post deputed, or get absorbed to the deputed department once the period of deputation, from his parent department is over. The Petitioner was working as professor in the respondent university. A notification in the meanwhile was issued, calling for appointment to the post of Chairperson, National Council of Teacher Education. The term prescribed for the post was a period of four years or 60 years whichever was earlier. The Petitioner made a request with the university to be deputed to the said post. The petitioner’s request was accepted by the university and his services were accordingly relieved. The petitioner was granted Extraordinary Leave(EOL) in his parent department, to enable him to take his new assignment. The Petitioner to...

The Supreme Court last week stated that a government department must implement the industrial policy laid down by the government and should not devise its own policy, that too contrary to the Cabinet decision. The government must speak with one voice, the court stated in its judgment Llyod Electric & Engg Ltd vs State of Himachal Pradesh. "What is given by the right hand cannot be taken by the left hand," it remarked while allowing the appeal of the company holding that it was eligible for concessional rate in central sales tax. While the Cabinet had extended tax benefits up to 2013 for industrial units to attract investments, the department maintained that the company was not eligible for them as the notification was issued later and did not cover it. The high court upheld the interpretation of the department. Setting aside the judgment of the high court, the Supreme Court stated that the department cannot issue a notification contrary to the Cabinet decision on policy m...