VidhiSangh

Supreme Court of India · 17/02/2023

NATIONAL TECHNICAL RESEARCH ORGANIZATION & ORS versus DIPTI DEODHARE

[2023] 2 S.C.R. 369 · 2023 INSC 134

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Summary

A DRDO Scientist 'G' selected by direct recruitment as Scientist 'H' in the National Technical Research Organisation tendered a technical resignation and joined on one year's probation; before probation ended she was prematurely repatriated to DRDO as Scientist 'G' and reported there. The Tribunal dismissed her challenge, but the Karnataka High Court directed that the repatriation be read as a discharge simpliciter from NTRO with terminal benefits computed on the Scientist 'H' pay and her DRDO service. The Supreme Court allowed NTRO's appeal: continuation of lien on technical resignation protects a probationer who is not confirmed, she became a DRDO employee again from the day she reported there, and under the CCS (Pension) Rules an uncompleted probation as a direct recruit earns no pensionary benefits in that post; DRDO may consider her voluntary retirement as Scientist 'G'.

Issues

  1. Whether a direct recruit on probation who had tendered a technical resignation from her parent department, and was prematurely repatriated to the post there on which her lien continued, could be treated as discharged from the new organisation and granted terminal benefits on the pay of the higher post.

Provisions considered

Held

Result

Appeal allowed without costs; Karnataka High Court judgment dated 08.10.2021 in WP No. 10867 of 2021 quashed and the Central Administrative Tribunal's order dated 31.05.2021 dismissing OA No. 170/1318/2019 restored; if the respondent presses her application for voluntary retirement, DRDO to consider it positively on the post of Scientist 'G' with the benefits available on its acceptance.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 369.