Deputationist can be repatriated at any point of time to his parent department: HC

03/12/2017

Jammu, Dec 2: In a significant judgment, Justice Dhiraj Singh Thakur holds that deputationist can be repatriated at any point of time to his parent department.
In a petition filed by Fayaz Ahmad Bhat & anr belong to the State Road Transport Corporation. They came to be brought on deputation to the Motor Vehicles Department. The period of deputation was extended from time to time. By virtue of order dated 20th July, 2017, issued by the Secretary to Government, Transport Department, the deputation period of petitioner no.2 was further extended by six months. However, by virtue of order impugned dated 26th October, 2017, issued by the Commissioner Secretary to the Government Transport Department, the petitioners have been repatriated back to their parent department i.e., State Road Transport Corporation with immediate effect and were deemed to have been relieved by virtue of the same order. The said order has been challenged.
Justice Dhiraj Singh Thakur after hearing both the sides observed that the statutory provisions governing appointment of Motor Vehicle Inspectors as also SRO 263 and held that the appellants therein had no right of absorption in terms of the
statutory rules.
The contention of the counsel for the petitioners that the petitioners could not have been repatriated inasmuch as they had got an extension for a further period of six months by virtue of order dated 20th July, 2017 also is equally untenable in view of the observations made by the Division Bench of this Court in the case which held that a deputationist can be repatriated at any point of time to his parent department. With these observations High Court dismissed the petition. JNF

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