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Supreme CourtFull Bench(2002) 01 SC CK 0106

Anil Bajaj vs Post Graduate Institute of Medical Education and Research and Another

Supreme Court Of India · Decided on 21 January 2002 · Citation: AIR 2002 SC 2414 : (2002) AIRSCW 2634 : (2002) 4 ALLMR 248 : (2002) 1 CHN 136 Supp : (2002) 1 JCR 447 : (2002) 1 JT 245 : (2002) LabIC 2320 : (2002) 2 LLJ 526 : (2002) 1 SCALE 302 : (2002) 2 SCC 240 : (2002) 1 SCR 375 : (2002) 1 SCT 971 : (2002) 1 Supreme

HON’BLE JUDGES
K. G. Balakrishnan, J · B. N. Kirpal, J · Arijit Pasayat, J
RESULT
Allowed
CASE NUMBER
Appeal (civil) 608 of 2001
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Judgment

4 paragraphs · 379 words
1.

Special leave granted.

2.

After hearing the counsel for the parties, we are of the opinion that no relief can be granted to the appellant. It is quite evident that as per the guidelines the petitioner was allowed to proceed for employment aborad. The guidelines required as undertaking to be furnished to the effect that he will resume duty within a period of two years. It is stated by the learned senior counsel for the appellant that no such undertaking was furnished. Be that as it may, there is an order dated 13th January, 1995, on the record, which grants sanction to the appellant to take up the assignment in Oman. this appears to be an ex-post facto sanction as the appellant had proceeded for a period of two years with effect from 27th September, 1994. Para 2 of this office order according sanction states that in case the appellant fails to resume duty at Chandigarh his lien will automatically expire and he shall be deemed to have permanently left the Institute from the original date.

3.

It is an admitted fact that the appellant did not come back till after 1998. It is also an admitted fact that his request for extension was rejected specifically in 1997. This being the position the principle of estoppel, apart from anything else, would clearly be applicable in a case like this. A person who gets an advantage, namely, of a sanction to go abroad on service on the condition that he will come back within two years and if he does not come back, his lien will automatically be regarded as being terminated he then cannot turn around and challenge the said condition on the basis of which sanction to go abroad was granted. Of course, if there is a dispute with regard to the question whether he had in fact come back within the stipulated period or an extension had been specifically granted an inquiry may be necessary but where the facts are not in dispute the inquiry would be an empty formality. In any case principle of estoppel would clearly apply and the High Court was right in dismissing the writ petition filed by the appellant wherein he had challenged his termination.

4.

The appeal is, accordingly, dismissed.