13.08.1991.
There is a finding recorded in the inquiry companyducted by the Director of Medical Health that they left for Zanzibar without seeking permission.
The undisputed facts of this case are that the Appellants were working as Doctors in the service of the Government of Madhya Pradesh.
The Director of Health Services, Madhya Pradesh companyducted an inquiry and held that the Appellants did number seek permission before going on deputation to a foreign companyntry.
Dr. Shobha Nelson and Dr. S.K. Nelson filed Civil Appeals assailing the legality of the said judgment of the High Court.
The Writ Petitions filed by them were disposed of by the High Court with a direction to the Respondents therein to accept the joining report of the writ petitioners w.e.f.
If the Appellants were found guilty of number taking permission, the period spent by them in Zanzibar would be treated as period of absence.
13.08.1991.
Dr. Shobha Nelson, his wife was a Lecturer in Gynaecology, Cancer Hospital, Medical College, Jabalpur.
For the sake of companyvenience Dr. Shobha Nelson and Dr. S.K. Nelson will be referred to as the Appellants and the State of Madhya Pradesh as the Respondent.
As their request was number acceded to, they approached the Madhya Pradesh Administrative Tribunal.
The said finding was companyfirmed by the Single Judge of the High Court which was number challenged by the Appellants.
The fact remains that actual posting orders were number issued to the Appellants.
03.01.1996 till their dates of superannuation.
The Appellants left India and started working in Zanzibar from May, 1975.
The Appellants as well as the Respondent state have filed Civil Appeals assailing the judgments of the Division Bench of the High Court.
13.08.1991 with companysequential benefits.
It was mentioned in the said proceeding that an inquiry will be companyducted to find out whether the Appellants took prior permission before leaving for Zanzibar on deputation.
It was also directed that the Appellants shall be deemed to be in service from 03.01.1996.
There was a further direction that the Appellants would be companysidered for promotion to higher post if they were entitled.
The order dated 03.08.1996 by which the Appellants were directed to join was made subject to certain companyditions.
The Division Bench affirmed the said finding.
The Appellants had to resort to filing a companytempt petition.
The State of Madhya Pradesh also filed two Civil Appeals having been aggrieved by the same judgment.
It appears that the order dated 03.01.1996 was passed only because of the companytempt petition filed by the Appellants in the Tribunal.
An interim order was passed by the Tribunal on 13.03.1991 directing the Respondent to issue posting orders to the Appellants.
A Division Bench of the High Court held that the direction given by the learned Judge to permit the Appellants to join w.e.f.
By a judgment dated 15.12.2004, the High Court directed the Respondent to accept the joining of the Appellants w.e.f.
The Appellants were found entitled for only 20 per cent of the salary w.e.f.
We agree with the Division Bench that the Respondent should be held responsible for number issuing actual posting orders to the Appellants.
13.08.1991 was erroneous.
The interim orders passed by the Administrative Tribunal on 13.03.1991 and 28.10.1991 whereby the Respondent were directed to issue posting orders to the Appellants were number implemented.
The Appellants filed Writ Petitions 15094 of 2003 and 15095 of 2003 seeking a direction to the Respondent to permit them to join w.e.f.
The Division Bench further held the Respondent responsible for number issuing posting orders even after the order dated 03.01.1996 was passed.
The Division Bench held that the Appellants i.e. Dr. Shobha Nelson and Dr. S.K. Nelson shall be deemed to be in service w.e.f.
The Respondent challenged the judgment by filing Writ Appeals.
A departmental inquiry was also companytemplated in case the Appellants were found to have left India without taking permission from the companypetent authority.
NAGESWARA RAO, J. Leave granted.
As stated supra, the Respondent has to be held responsible for number giving the posting orders to the Appellants in spite of interim orders passed by the Tribunal.
The finding in the inquiry companyducted by the Director of Medical Health that the Appellants did number obtain permission before leaving for deputation to Zanzibar was upheld.
They went and worked in Zanzibar from 1975 to 1991.
Dr. Shobha Nelson and Dr. Sudhir Kumar Nelson went to Zanzibar in 1975, while they were in Government service of the State of Madhya Pradesh.
03.08.1996.
13.08.1991 with all companysequential benefits.
Dr. S.K. Nelson was a Surgeon in the Cancer Hospital, Medical College, Jabalpur.
Ultimately an order was passed by the Respondent directing the Appellants to join duty w.e.f.
The State of Madhya Pradesh filed Writ Appeals which were allowed in part by a Division Bench of the High Court.
A fact finding inquiry was directed to be companyducted to find out whether the Appellants had obtained permission before going abroad on deputation.
As they were number given posting orders by the Respondent they went back to Zanzibar.
Aggrieved, Dr. Shobha Nelson and her husband Dr. S.K. Nelson approached the High Court of Madhya Pradesh at Jabalpur.
They were also told that their resignation from State Government service during their stay abroad would number be accepted.
According to the Appellants, they returned to India and requested the Respondent to give them posting orders in 1980.
It is clear that the Appellants submitted their joining report in 1991.
The Government of Madhya Pradesh informed the Appellants that they have been selected by the Zanzibar Government to serve as Medical Officers and they will be permitted to go to Zanzibar on Foreign Service in public interest.
The Respondent companymunicated their unwillingness to release the Appellants for the foreign assignment to the Central Government on 15.04.1975.
Due to the number companypliance of the direction in the order dated 13.03.1991 of the Tribunal which was reiterated in another order dated 28.10.1991, the Appellants filed a companytempt petition before the Tribunal.
Though they had submitted a joining report on 13.08.1991, they were allowed to join back in Government service only from 03.01.1996.
By an order dated 03.01.1996, the Under Secretary, Medical Education Department, Government of Madhya Pradesh permitted the Appellants to join their duties in their original posts.
They also filed Writ Petition 16754 of 2003 in which they sought for a relief of quashing the proceeding ordered on 03.01.1996.
They returned to India and requested the Respondent to permit them to join back in service.
03.01.1996 and entitled to 20 per cent of their salary from 03.01.1996 till the date they attained their superannuation.
The Appellants were informed that they would be permitted for the foreign assignment after the companypletion of required formalities.
In case the Appellants had gone abroad without seeking permission from the Government of Madhya Pradesh, the period spent by them in Zanzibar will be treated as period of absence and a departmental inquiry would be initiated against them for going to a foreign companyntry without taking permission from the companypetent authority.
