2002 (1) TMI 1292 - SC - Indian Laws

Appeal Dismissed: Estoppel Principle Applied in Employment Sanction Case

The appeal was dismissed based on the application of the principle of estoppel and the failure of the appellant to adhere to the conditions of the ... - Issues involved: Interpretation of employment guidelines, validity of sanction for employment abroad, application of principle of estoppel.Interpretation of employment guidelines: The petitioner was allowed to proceed for employment abroad as per guidelines, which required an undertaking to resume duty within two years. The absence of this undertaking was noted, but an ex-post facto sanction was granted for the assignment in Oman, with a condition that failure to resume duty would result in automatic termination of employment.Validity of sanction for employment abroad: The appellant did not return as required and his request for extension was rejected in 1997. The principle of estoppel was deemed applicable, as the appellant cannot challenge the conditions under which he was allowed to go abroad after benefiting from the sanction, especially when facts are not in dispute.Application of principle of estoppel: The High Court rightly dismissed the writ petition challenging the termination, as the appellant failed to comply with the conditions of the sanction and the principle of estoppel was deemed to apply in this case.Conclusion: The appeal was dismissed based on the application of the principle of estoppel and the failure of the appellant to adhere to the conditions of the employment sanction for working abroad.