Holding

A repatriation order issued during probation does not amount to a discharge simpliciter; the employee ceases to be an employee of the repatriating organization and is entitled only to benefits as per the post in the parent cadre.

Summary

Dipti Deodhare, a Scientist G in DRDO, was appointed on probation as Scientist H in NTRO. She was repatriated to DRDO on 12 February 2019 before completing her probation and resumed duty as Scientist G. She challenged the repatriation and sought voluntary retirement, but the Central Administrative Tribunal dismissed her petition. The Karnataka High Court set aside the Tribunal’s order, treating the repatriation as a discharge simpliciter and granting her benefits as if she had remained a Scientist H in NTRO. NTRO appealed, arguing that the High Court erred in characterising the order as a discharge simpliciter and in awarding benefits based on the NTRO post. The Supreme Court held that the repatriation during probation did not amount to a discharge simpliciter; the respondent ceased to be an NTRO employee on 13 February 2019 and is entitled only to benefits corresponding to her DRDO post. Consequently, the High Court’s judgment was set aside and the CAT’s decision restored, with the appeal allowed.

Issues considered

The legal effect of a repatriation order issued during the probation period of a direct recruit in a central government organization.
Whether such an order constitutes a discharge simpliciter for service benefit calculations.
Whether the employee is entitled to terminal benefits on the basis of the post held in the organization from which she was repatriated (NTRO) or the post she resumed in the parent cadre (DRDO).
The applicability of the CCS (Pension) Rules, 1972 and DOPT Office Memoranda on lien, technical resignation and probationary service.

Legislation cited

Subjects

service lawtechnical resignationlienprobationdischarge simpliciterpension benefitsvoluntary retirementcentral government employeeNTRODRDO

Judgment

[2023] 2 S.C.R. 369 369

NATIONAL TECHNICAL RESEARCH ORGANIZATION A
& ORS.
v.
DIPTI DEODHARE
(Civil Appeal No. 413 of 2023)
B
FEBRUARY 17, 2023
[M. R. SHAH AND HIMA KOHLI, JJ.]
Service Law – Respondent who was serving as Scientist ‘G’
in Defence Research Development Organization (DRDO) was
selected and appointed as Scientist ‘H’ in National Technical C
Research Organization (NTRO) on probation of one year – She
was however, pre-maturely repatriated from NTRO to her parent
cadre-DRDO vide order dtd.12.02.19 – Respondent requested NTRO
to reinstate her and to treat her application as three months’ notice
for VRS – She filed OA before the CAT challenging inter alia NTRO’s D
order dtd.12.02.19, dismissed – Writ petition filed by respondent,
allowed by High Court – On appeal, held: High Court erred in
treating the order dtd.12.02.19, as an order of discharge simpliciter
– It also erred in ordering that the respondent shall be entitled to all
consequential benefits including the benefit of past services
rendered in DRDO for computing her terminal benefits directed to E
be paid by NTRO – Further, High Court committed serious error in
observing that she would be entitled to all such benefits as
permissible on the premise that she held the post of Scientist ‘H’
and the last pay drawn in that post would be the criteria for settling
all her benefits – Directions issued by High Court are self- F
contradictory – Once respondent was relieved from NTRO and had
reported for duty as Scientist ‘G’ in DRDO, thereafter, she cannot
be permitted to claim that she had continued working as Scientist
‘H’ in NTRO – Thus, on and from 13.02.19, the respondent can be
said to be the employee of DRDO and in any case, she cannot be
treated to be an employee of NTRO – Furthermore, as she was relieved G
before completion of her probation period, even as per the CCS
(Pension) Rules she could not have been given the pensionary
benefits as Scientist ‘H’ in NTRO – Impugned judgment set aside,
judgment passed by the CAT is restored – CCS (Pension) Rules,
1972. H
369
370 SUPREME COURT REPORTS [2023] 2 S.C.R.

A Service Law – Technical resignation – Held: Tendering a
technical resignation from the post the employee was working on
his/her appointment in another organization of the Centre/State on
probation and to continue the lien till the probation period in the
new organization is satisfactorily completed and/or he/she is
permanently appointed in the new establishment, is in the interest
B
of the employee so that in case he/she is not made permanent and/
or relieved during the probation period, he/she may not have to
lose the job and can go back and join the duty in the earlier
establishment – In the instant case, on submitting the technical
resignation from the post of Scientist-G in DRDO on her appointment
C on probation as Scientist-H in NTRO, the respondent continued to
have the lien on the post of Scientist-G in DRDO.
State of Rajasthan and Anr. vs. S.N. Tiwari and Ors.,
(2009) 4 SCC 700; Ramlal Khurana (Dead) By LRs.
Vs. State of Punjab and Ors., (1989) 4 SCC 99 –
D referred to.
Case Law Reference
(2009) 4 SCC 700 referred to Para 4.9
(1989) 4 SCC 99 referred to Para 4.9
E CIVIL APPELLATE JURISDICTION : Civil Appeal No.413 of
2023.
From the Judgment and Order dated 08.10.2021 of the High Court
of Karnataka at Bengaluru in WP No.10867 of 2021.
Ms. Aishwarya Bhati, Sanjay Jain, A.S.Gs.. Mukesh Kumar
F
Maroria, Rajat Nair, Ms. Alka Agarwal, Ketan Paul, Ashok Panigrahi,
Ms. Shivika Mehra, Manvendra Singh, Advs. for the Appellants.
Gopal Sankaranarayanan, Sr. Adv., Ankit Anandraj Shah, Vivek
Beniwal, Ms. Aditi Gupta, Avneesh Upadhya, Karan Shankar Mani,
Ashwin Garg, Advs. for the Respondent.
G
The Judgment of the Court was delivered by
M. R. SHAH, J.
1. The present appeal has been filed by the National Technical
Research Organization and others, feeling aggrieved and dissatisfied
H
NATIONAL TECHNICAL RESEARCH ORGANIZATION v. 371
DIPTI DEODHARE [M. R. SHAH, J.]

with the impugned judgment and order dated 08.10.2021 passed by the A
High Court of Karnataka at Bengaluru in Writ Petition No. 10867/2021,
by which the High Court, while allowing the said writ petition preferred
by the respondent herein and setting aside order dated 31.05.2021 passed
by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru
(hereinafter referred to as the ‘Tribunal’) dismissing O.A. No. 170/1318/
B
2019, has directed that the order dated 12.02.2019 issued by the
appellant(s) shall be read as an order of discharge simpliciter and that
she shall be entitled to all consequential benefits including the benefit of
past service that she had rendered in DRDO for computing her terminal
benefits. The High Court has further made it clear that the respondent –
original writ petitioner would be entitled to all such benefits as are C
permissible to her on the premise that she held the post of Scientist ‘H’
and the last drawn pay in that post would be the criteria for settling all
her benefits.
2. The facts leading to the present appeal in a nutshell are as
under: D
That the respondent herein – original writ petitioner joined the
services of Defence Research Development Organization (hereinafter
referred to as ‘DRDO’) on 12.09.1988, as Scientist ‘B’. That she got
periodical promotions while working with the DRDO. That on 1.7.2013,
she was promoted as Scientist ‘G’ and was heading the Intelligent Systems E
and Robotics Division in Centre for Artificial Intelligence and Robotics
(for short, ‘CAIR’) of DRDO at Bangalore. That in the month of January,
2018, the NTRO issued a recruitment notification to fill up two posts of
Scientist ‘H’ in Level 15 of the pay matrix. Initially, the notification stated
that the recruitment was to be made on deputation including short term
contract basis. However, subsequently, a corrigendum was published in F
the month of January, 2018 to fill up these posts on deputation (including
short term)/absorption, failing which, on direct recruitment basis. The
original writ petitioner, who was holding the post of Scientist ‘G’ in Level
14 of the pay matrix at CAIR, DRDO, applied for the post of Scientist
‘H’ in NTRO through her parent department, i.e., DRDO. Consequent G
to the approval of the Appointments Committee of Cabinet (ACC) for
appointment in NTRO as Scientist ‘H” dated 10.05.2018, the original
writ petitioner was issued an offer of appointment on the terms and
conditions mentioned in the offer of appointment including probation for
a period of one year. On being selected and appointed as Scientist ‘H’ in
H
372 SUPREME COURT REPORTS [2023] 2 S.C.R.

A NTRO on direct recruitment basis, the respondent – original writ petitioner
tendered her technical resignation from the post of Scientist ‘G’ in DRDO,
which came to be accepted on 22.6.2018 and DRDO relieved her to
take up the new appointment in NTRO.
2.1 The original writ petitioner joined NTRO as Scientist ‘H’ on
B 26.2.2018 on direct recruitment basis with a probation period of one
year. However, thereafter while she was on probation as Scientist ‘H’ in
NTRO, the ACC vide order dated 12.02.2019 granted approval for her
premature repatriation from the post of Scientist ‘H’ (on probation) in
NTRO to her parent department cadre – DRDO with immediate effect.
Accordingly, the respondent was relieved from NTRO on 12.02.2019
C with instructions to report to her parent cadre – DRDO. Pursuant to the
same, she reported for duty at CAIR, DRDO on 13.02.2019 and
simultaneously she submitted another application requesting the Chairman,
DRDO to issue formal orders for her appointment in DRDO, after
repatriation from NTRO. She also requested the DRDO to issue formal
D orders to appoint her on a suitable post in the rank of Scientist ‘H’ in
DRDO. Awaiting formal orders, she requested DRDO for three months
leave on 19.2.2019. Vide approval dated 10.03.2019, NTRO conveyed
approval of DRDO Headquarters of her joining at DRDO w.e.f.
13.02.2019 in the parent cadre as Scientist ‘G’ upon her premature
repatriation from NTRO (Scientist ‘H’ on probation). That thereafter,
E the original writ petitioner requested NTRO to reinstate her and treat
her application dated 19.03.2019 as three months’ notice from 13.02.2019,
for voluntary retirement.
2.2 It appears that in the month of April, 2019, the case of the
original writ petitioner for promotion from Scientist ‘G’ to Scientist ‘H’
F in DRDO came to be considered and she was informed to participate in
the assessment for promotion. The original writ petitioner submitted her
bio- data for such promotion and participated in the assessment. However,
she was found ‘unfit’. Vide communication dated 13.11.2019, the
respondent was directed to report to CIAR, DRDO to join duty by
G 16.12.2019, failing which disciplinary action was to be initiated against
her. That thereafter on 25.11.2019, the respondent herein filed OA before
the CAT, Bengaluru challenging NTRO order dated 12.02.2019
(repatriating her to DRDO), DRDO order dated 13.11.2019 (by which
she was directed to report to CIAR, DRDO to join duty by 16.12.2019)
and seeking direction to accept her VRS application dated 19.03.2019.
H
NATIONAL TECHNICAL RESEARCH ORGANIZATION v. 373
DIPTI DEODHARE [M. R. SHAH, J.]

Before the Tribunal, all throughout, her case was that she was wrongly A
repatriated prematurely and sent to DRDO as Scientist ‘G’. It was the
specific case on behalf of the respondent – original writ petitioner that
her VRS application ought to have been considered as Scientist ‘H’ in
DRDO.
2.3 The Tribunal on consideration of the matter observed and B
held that the order dated 12.02.2019, was an order of discharge simpliciter
during her probation period and as she had earlier rendered technical
resignation from DRDO and/or appointment with DRDO on tendering a
technical resignation, she continued to have lien with the DRDO and
therefore, she was rightly repatriated to DRDO. The Tribunal also
observed and held that once the respondent reported back to her parent C
organization and thereafter sought promotion to the post of Scientist ‘H’
and she was found ‘not fit’ thereafter, it was not open for her to contend
that she should be voluntarily retired on the post of Scientist ‘H’ by
DRDO. Consequently, the Tribunal dismissed the OA filed by the
respondent herein. The judgment and order passed by the Tribunal was D
the subject matter before the High Court by way of the present writ
petition. By the impugned judgment and order, the High Court has set
aside the judgment and order passed by the Tribunal by observing that
once the respondent was appointed as Scientist ‘H’ in NTRO on direct
recruitment basis, NTRO could not have repatriated her on a lower post
that she originally held in DRDO. The High Court has also observed E
that the concept of reversion in the case of direct recruitment would not
arise and therefore, her repatriation as Scientist ‘G’ to DRDO was illegal.
However, thereafter the High Court has modified the order passed by
the Tribunal and ordered that the order dated 12.02.2019, shall be read
as an order of discharge simpliciter and that she shall be entitled to all F
consequential benefits including the benefit of past service that she had
rendered in DRDO for computing her terminal benefits. The High Court
has also made it clear that the respondent would be entitled to all such
benefits as are permissible to her on the premise that she held the post
of Scientist ‘H’ and the last drawn pay in that post would be the criteria
for settling all her benefits. At this stage, it is required to be noted that G
the learned counsel appearing on behalf of the original writ petitioner did
not press for the prayer to accept the VRS application.
2.4 Feeling aggrieved and dissatisfied with the impugned judgment
and order passed by the High Court, the National Technical Research
H
374 SUPREME COURT REPORTS [2023] 2 S.C.R.

A Organization (NTRO) and others have preferred the present appeal.
3. Ms. Aishwarya Bhati, learned ASG appearing on behalf of the
NTRO has vehemently submitted that in the facts and circumstances of
the case, the High Court has committed a very serious error in directing
to treat the order dated 12.02.2019 as an order of discharge simpliciter.
B 3.1 It is vehemently submitted by Ms. Bhati that once the
respondent was repatriated to the original parent department, i.e., DRDO
and in fact she resumed the duty with the DRDO, the respondent ceased
to be the employee of the NTRO. It is submitted that therefore, the High
Court has committed a serious error in directing to treat the order dated
C 12.02.2019 as an order of discharge simpliciter and further directing that
she shall be entitled to all consequential benefits including the benefit of
past services that she had rendered in DRDO for computing her terminal
benefits. It is submitted that the impugned judgment and order passed by
the High Court is contrary to the relevant Office Memorandum issued
by the DOPT - FR-9(13).
D
3.2 It is submitted that DOPT O.M. dated 21.07.2014 (Probation
& Confirmation) stipulates that during the probation period, the Appointing
Authority may revert him/her to the post held substantively by him/her
immediately preceding his/her new appointment, provided he/she holds
a lien thereon or in other cases may discharge or terminate him/her from
E service. It is submitted that as per para 14 of the said O.M., a probationer
reverted or discharged from service during or at the end of the period of
probation shall not be entitled to any compensation.
3.3 It is submitted that in the present case, when the respondent
was appointed as a direct recruit in NTRO, she was appointed on probation
F period and that she tendered the technical resignation from DRDO,
however, her lien continued with the DRDO. It is submitted that therefore,
during the probation period, when her work was not found satisfactory,
a conscious decision was taken by the ACC to revert her back to the
parent department, i.e., DRDO where she continued to have a lien. It is
G submitted that therefore, repatriating the respondent to her original parent
department – DRDO, which was during the probation period when she
was working with the NTRO, was absolutely in consonance with the
DOPT O.M. dated 21.07.2014.
3.4 It is submitted that as such, as per FR-9(13) the word ‘lien’
means the title of a Government servant to hold on regular basis, either
H
NATIONAL TECHNICAL RESEARCH ORGANIZATION v. 375
DIPTI DEODHARE [M. R. SHAH, J.]

immediately or on the termination of a period or periods of absence, a A
post, including a tenure post, to which he/she has been appointed on
regular basis and on which he/she is not on probation. It is submitted that
DOPT O.M. dated 17.08.2016 (Technical Resignation & Lien) stipulates
that on technical resignation, seniority in the post held by the Government
servant on substantive basis continues to be protected. It is submitted
B
that therefore, on technical resignation, the seniority of the respondent
continued to be protected as Scientist-G in DRDO.
3.5 Ms. Bhati, learned ASG has taken us to the relevant paras of
the DOPT O.M. dated 17.08.2016, more particularly, paras 2.6, 3.1,
3.2(b), 3.3 and 3.4.1. It is submitted that therefore a permanent
Government servant appointed in another Central Government C
department/office/ State Government has to resign from his/her parent
department unless he/she reverts to that department within a period of 2
years or 3 years in exceptional circumstances, if not confirmed in the
department where he/she has joined. It is submitted that in no
circumstances, lien on a post held substantively can be terminated even D
with his/her consent, if the result will be to leave him/her without a lien
upon a permanent post. It is submitted that in the present case, the
respondent being a permanent Government servant and having a lien in
the post of Scientist-G in DRDO, cannot avail of qualifying service for
pensionary benefits as Scientist-H (on probation) under CCS (Pension)
Rules, 1972, as she was on temporary service while on probation against E
the post of Scientist – H in NTRO.
3.6 It is further submitted that as per Rule 13 of the CCS (Pension)
Rules, 1972, subject to provision of these Rules, qualifying service of a
Government Servant shall commence from the date he/she takes charge
of the post to which he/she is first appointed either substantively or in an F
officiating or temporary capacity……provided that officiating or
temporary service is followed without interruption by substantive
appointment in the same or another services or post.
3.7 It is submitted that therefore, the High Court has materially
erred in directing that the respondent is entitled to all consequential benefits G
including the benefit of past service that she had rendered in DRDO for
computing her terminal benefits and to treat her discharge as discharge
simpliciter from the service with NTRO.
4. Shri Gopal Sankaranarayanan, learned senior counsel while
opposing the present appeal has vehemently submitted that in the facts H
376 SUPREME COURT REPORTS [2023] 2 S.C.R.

A and circumstances of the case, no error has been committed by the
High Court in directing to treat the communication dated 12.02.2019 as
discharge simpliciter and thereafter to consider and/or grant terminal
benefits as Scientist ‘H’ from NTRO while considering her past service
rendered in DRDO.
B 4.1 It is vehemently submitted by Shri Gopal Sankaranarayanan,
learned senior counsel that vide communication dated 12.02.2019, the
NTRO abruptly repatriated the respondent to DRDO as Scientist-G. It
is submitted that when the respondent was appointed as direct recruit as
Scientist -H with the NTRO and was on probation for a period of 2
years, thereafter, she could not have been repatriated to DRDO and
C that too on a lower post, i.e., Scientist-G.
4.2 It is submitted that after 12.02.2019, right from very beginning
the respondent insisted for appointment/posting even with DRDO as
Scientist – H, which will be evident from various communications. It is
submitted that when the respondent was repatriated to a lower post
D namely Scientist-G at CAIR, DRDO and when no decision was taken
to appoint her on the post of Scientist-H at CAIR, DRDO, the respondent
proceeded on three months’ leave. It is submitted that thereafter all
throughout she continued to be on leave and never worked as Scientist –
G in CAIR, DRDO.
E 4.3 It is submitted that even giving the bio-data to DRDO for
promotion/ appointment to the post of Scientist – H shall not come in the
way of the respondent as in fact she was compelled to submit her bio
data.
4.4 It is submitted that even the appellant passed on some
instructions to the respondent, received on 24.04.2019, asking her to
F apply for leave through Director CAIR, DRDO and the respondent
applied for 3 months’ leave from 13.02.2019 to 28.06.2019. It is submitted
that in fact the respondent had clarified that she had sought Earned
Leave from 13.02.2019 to 28.06.2019.
4.5 It is submitted that the respondent chose to attend the Promotion
G Board as she was directed to do so and she had no choice in the matter.
She attended without preparation at an extremely short notice of one
day; as failure to do so could have invited disciplinary action. It is submitted
that until resolution of her grievance against the NTRO order dated
12.09.2019, which she had formally conveyed to her superiors orally
and in writing, the respondent was bound to obey every Government
H order issued to her.
NATIONAL TECHNICAL RESEARCH ORGANIZATION v. 377
DIPTI DEODHARE [M. R. SHAH, J.]

4.6 It is submitted that in her bio-data submitted to the Promotion A
Board, she specifically stated that she was attending the Board while on
leave. It is submitted that in the said bio-data it was stated by her that
she received a letter from CAIR on 29.03.2019, stating that she has
been appointed to the post of Scientist G at CAIR, DRDO. This was
only a statement of fact and the same cannot be said to be construed as
B
the respondent’s acceptance of DRDO’s invalid order appointing her as
Scientist-G.
4.7 It is further submitted that having worked as Scientist-H with
the NTRO, which was a direct recruitment, she could not have reverted/
repatriated as Scientist-G to her parent department – DRDO.
C
4.8 Now, so far as the submission on behalf of the appellant on
her lien having continued with the DRDO is concerned, it is submitted
that the said provision is in favour of the respondent and it is the respondent/
employee, who had the discretion to continue the lien. It is submitted
that there cannot be any automatic lien, that too, at the instance of the
employer and/or subsequent employer. It is submitted that the lien is a D
right of a Government employee and the same is at the option of respondent
and respondent cannot be forced to exercise her lien.
4.9 Relying upon the decisions of this Court in the case of State
of Rajasthan and Anr. Vs. S.N. Tiwari and Ors., (2009) 4 SCC 700
(paras 17 and 19) and Ramlal Khurana (Dead) By LRs. Vs. State of E
Punjab and Ors., (1989) 4 SCC 99 (para 8), it is vehemently submitted
that as observed and held by this Court, a lien is entirely at the discretion
of the employee. It is submitted that therefore, an employer cannot thrust
a lien upon an employee, as it will have a detrimental impact on the
employee’s position and prospects. F
4.10 It is further submitted by the learned senior counsel appearing
on behalf of the respondent that even otherwise, the respondent is entitled
to pension on the last pay drawn as Scientist-H. It is submitted that
though the conditions of the NTRO appointment refers to the respondent’s
service being terminable under CCS (Temporary Service) Rules, 1965, G
the said rules nowhere states that the respondent is not entitled for pension
on the basis of the last pay drawn. It is submitted that CCS (Temporary
Service) Rules, 1965 shall be applicable to those employees who “do not
hold a lien or a suspended lien on any post under the Government of
India or any State Government”.
H
378 SUPREME COURT REPORTS [2023] 2 S.C.R.

A 4.11 It is submitted that as per Rule 2 of CCS (Pension) Rules,
1972, there is no distinction between temporary and permanent
employees in the application of Pension Rules. It is submitted that as per
Rule 13 of the Pension Rules, qualifying service of a Government servant
commences from the date he takes charge of the post to which he is
first appointed substantively. It is submitted that in the present case, the
B
respondent was first appointed substantively on 12.09.1988. She joined
DRDO in the entry grade of Scientist ‘B’ on this date and after two
years, her probation was confirmed. It is submitted that therefore, the
respondent’s qualifying service starts from 12.09.1988, i.e., the date on
which she took charge of the post on which she was first appointed
C substantively.
4.12 Making above submissions, it is prayed to dismiss the present
appeal.
5. We have heard learned counsel appearing on behalf of the
respective parties at length.
D
6. By the impugned judgment and order, the High Court has
allowed the writ petition preferred by the respondent herein and has
quashed and set aside the judgment and order passed by the Central
Administrative Tribunal dismissing the O.A. and has modified the order
dated 12.02.2019 issued by the NTRO and has directed that the same
E be held and treated as an order of discharge simpliciter. By the impugned
judgment and order, the High Court has also directed that under the
order dated 12.02.2019, the services of the original writ petitioner –
respondent herein shall stand discharged and that she shall be entitled to
all consequential benefits including the benefit of past services that she
F had rendered in DRDO for computing her terminal benefits. The High
Court has further clarified that the respondent herein – original writ
petitioner would be entitled to all such benefits as permissible to her on
the premise that she had held the post of Scientist – H and the last pay
drawn in that post would be the criteria for settling all her benefits.

G 6.1 While considering the challenge to the aforesaid directions at
the instance of the NTRO, few glaring dates and events are required to
be noted, which are as under:-
(i) That the respondent herein – original writ petitioner was
serving as Scientist -G in DRDO. Applications were invited
by the NTRO for the post of Scientist – H for appointment
H
NATIONAL TECHNICAL RESEARCH ORGANIZATION v. 379
DIPTI DEODHARE [M. R. SHAH, J.]

as direct recruit. The respondent – original writ petitioner A
applied for the said post and was appointed in NTRO as
Scientist – H on the approval of the ACC dated 10.05.2018.
The original writ petitioner was served with the offer of
appointment dated 11.05.2018 stipulating the terms and
conditions, including the probation for a period of one year.
B
(ii) As the respondent – original writ petitioner was appointed
in another Government organization, she was required to
tender the technical resignation, which she tendered by
submitting a technical resignation from the post of Scientist
– G in DRDO, which came to be accepted on 22.06.2018
and the DRDO relieved her to take up the new appointment C
in NTRO. However, on submitting the technical resignation,
the lien of the respondent on the post of Scientist – G in
DRDO continued as per the relevant O.M.
(iii) At this stage, it is required to be noted that tendering a
technical resignation from the post he/she was working on D
his/her appointment in another organization of the Centre /
State on probation and to continue the lien till the probation
period in the new organization is satisfactorily completed
and/or he/she is permanently appointed in the new
establishment, can be said to be in the interest of the E
employee and to the benefit of the concerned employee so
that in case she is not made permanent and/or relieved during
the probation period, she may not have to lose the job and
she can go back and join the duty in the earlier establishment.
Under the circumstances, on submitting the technical
resignation from the post of Scientist -G in DRDO on her F
appointment on probation as Scientist – H in NTRO, she
continued to have the lien on the post of Scientist – G in
DRDO.
(iv) That during the probation period, it appears that her work
was not found satisfactory and a conscious decision was G
taken by the ACC not to continue her in NTRO and to
relieve her as Scientist – H in NTRO and to repatriate her
to her parent department – DRDO on the post of Scientist
– G as her lien on the post of Scientist – G came to be
continued as observed hereinabove. The respondent – H
380 SUPREME COURT REPORTS [2023] 2 S.C.R.

A original writ petitioner came to be relieved from NTRO on
12.02.2019 on the approval of the ACC received for her
pre-mature repatriation from the post of Scientist – H
(probation) in NTRO to her parent cadre – DRDO. In fact,
thereafter, the respondent reported for duty at CAIR,
DRDO on 13.02.2019 itself. However, simultaneously, she
B
requested that she may be appointed in a suitable post in
DRDO. No orders were passed and she continued to be
the employee of the DRDO on and after 13.02.2019.
Thereafter, she proceeded on three months’ leave as
Scientist-G in DRDO. Therefore, once she reported for
C duty at CAIR, DRDO and she proceeded on leave for three
months as Scientist – G at CAIR, DRDO on the post earlier
held by her, i.e., Scientist – G, on which her lien in DRDO
continued on her submitting the technical resignation earlier,
she ceased to be the employee of NTRO and, that too, as
Scientist – H in NTRO.
D
(v) At this stage, it is required to be noted that even thereafter,
the respondent requested NTRO to reinstate her and to
treat her application dated 19.03.2019, as three months’
notice for VRS. Therefore, her request for reinstatement
in NTRO itself would suggest that the respondent – original
E writ petitioner was relieved from NTRO as then and then
only would the question of reinstatement arise.
(vi) That thereafter, the respondent- original writ petitioner
insisted for appointment/ posting as Scientist – H. Her case
for promotion to the post of Scientist – H came to be
F considered by the Recruitment Assessment Centre. She
submitted the application to the Director, Recruitment
Assessment Centre for promotion to the post of Scientist –
H. She sent her bio-data. She reported for the performance
assessment at Hyderabad. Thereafter, she was found “not
G fit” for the promotion to the post of Scientist – H in DRDO.
In the bio-data, she specifically stated that she is working
as Scientist – G. The case set up on behalf of the respondent
that she was compelled to submit the bio-data and/or
compelled to appear for assessment of appraisal for
promotion to the post of Scientist – H, cannot be accepted.
H
NATIONAL TECHNICAL RESEARCH ORGANIZATION v. 381
DIPTI DEODHARE [M. R. SHAH, J.]

No such grievance was made at the time when she appeared A
for interview for promotion to the post of Scientist – H in
DRDO. She applied for the leave/earned leave from
13.02.2019 to 28.06.2019 as Scientist – G and even
thereafter, she applied for forty days leave extension.
6.2 Considering the aforesaid facts and circumstances, it can be B
seen that on and from 13.02.2019, the respondent can be said to be the
employee of DRDO and in any case, she cannot be said to have been
continued in NTRO and/or on and from 13.02.2019, she cannot be treated
to be an employee of the NTRO. In that view of the matter, the High
Court has committed a very serious error in issuing the directions as
above, more particularly, of treating the communication dated 12.02.2019, C
as an order of discharge simpliciter. The High Court has also committed
a very serious error in ordering that under the order dated 12.02.2019,
the services of the original writ petitioner – respondent herein shall stand
discharged and she shall be entitled to all consequential benefits including
the benefit of the past services that she had rendered in DRDO for D
computing her terminal benefits. We fail to appreciate under which
provision, has the High Court issued such a direction that she shall be
entitled to all consequential benefits including the benefit of past services
that she had rendered in DRDO for computing her terminal benefits
directed to be paid by NTRO. The directions issued by the High Court
are self-contradictory. E

6.3 Even otherwise, the High Court has committed a serious error
in observing that the original writ petitioner – respondent herein would
be entitled to all such benefits as are permissible to her on the premise
that she held the post of Scientist – H and the last pay drawn in that post
would be the criteria for settling all her benefits. Once, she was relieved F
from NTRO and she had reported for duty as Scientist – G in DRDO as
observed hereinabove, thereafter she cannot be permitted to claim that
she had continued working as Scientist – H in NTRO.
6.4 Even otherwise, it is required to be noted that the respondent
was appointed as Scientist – H in NTRO as a direct recruit, on probation G
and her probation period was not completed. Before her probation period
was completed/over, she was relieved. Therefore, even as per the CCS
(Pension) Rules, 1972, she could not have been given the pensionary
benefits / terminal benefits as Scientist -H in NTRO.
H
382 SUPREME COURT REPORTS [2023] 2 S.C.R.

A 7. In view of the above and for the reasons stated above, the
impugned judgment and order passed by the High Court is unsustainable
and the same deserves to be quashed and set aside and is accordingly
quashed and set aside and the judgment and order passed by the CAT is
restored. However, to do complete justice, we direct that if the original
writ petitioner – respondent herein so wishes, she may press the prayer
B
to accept her VRS application, which may be considered by the DRDO.
If she presses her VRS application to voluntary retire her, the same may
be considered positively. However, the same shall be done by the DRDO
on the post of Scientist – G so that the respondent can get all other
benefits, which may be available to her on accepting her voluntary
C retirement application, as otherwise also, she continued to have a lien on
the post of Scientist – G in DRDO, as has been observed hereinabove.
With this, the present appeal is allowed. However, in the facts
and circumstances of the case, there shall be no order as to costs.

D Divya Pandey Appeal allowed.
(Assisted by : Abhishek Pratap Singh and Roopanshi Virang, LCRAs)

E

F

G

H