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Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

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Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Service & Administrative LawSupreme Court of India

National Technical Research Organization & Others vs Dipti Deodhare

Civil Appeal · 2023 INSC 134Decided 17 Feb 2023
Civil Appeal No. 413 of 2023
M.R. Shah · Hima Kohli · C.T. Ravikumar

Background

Dipti Deodhare joined DRDO in 1988 and rose to Scientist 'G', heading a robotics division at its Bengaluru centre. In 2018 she was selected by direct recruitment as Scientist 'H' at the National Technical Research Organization (NTRO), on one year's probation; as required for a move between government organisations, she gave a "technical resignation" from DRDO, which preserved her lien (her right to return) to her DRDO post. In February 2019, before her probation ended, the Appointments Committee of the Cabinet prematurely repatriated her to DRDO as Scientist 'G'. She reported to DRDO the next day, went on leave, later appeared for (and failed) DRDO's own Scientist 'H' promotion assessment, and then challenged the repatriation before the Central Administrative Tribunal, which dismissed her case. The Karnataka High Court reversed the Tribunal, directed that the NTRO order be treated as a "discharge simpliciter" and that all her terminal benefits be computed as if she had held the Scientist 'H' post.

Decision Breakdown

The Supreme Court allowed NTRO's appeal and restored the Tribunal's order. It held that a technical resignation with a continuing lien exists for the employee's own protection: if a probationer in the new organisation is not confirmed or is relieved, she can return to her old post rather than lose her job entirely. Since her lien on the Scientist 'G' post continued, repatriating her there during probation was in line with the applicable DoPT office memoranda, and once she reported to DRDO, took leave as Scientist 'G' and even sat for DRDO's promotion board, she ceased to be an NTRO employee. The High Court's directions were self-contradictory, it could not simultaneously treat her as discharged from NTRO and order NTRO to pay her terminal benefits at Scientist 'H' pay including her DRDO years, and in any case a direct recruit who never completed probation cannot claim pension on that higher post under the CCS (Pension) Rules. To do complete justice, the Court allowed her to press her voluntary-retirement request before DRDO, which should be considered positively, but as Scientist 'G'.

Lesson Learnt

A government employee who moves to another department on probation via a technical resignation keeps a safety net, the lien on the old post, but that safety net cuts both ways: if the new employer lets them go during probation, they return to the old post and grade, and cannot claim retirement benefits pegged to the higher post they never substantively held.