Employee does not have an indefeasible right to remain attached at a particular place for perpetuity: HC
20/07/2018
JAMMU, Jul 19: Justice Dhiraj Singh Thakur of J&K High Court while dismissing a petition challenges order dated 10th July, 2018, whereby petitioner stand relieved from the place where she was attached and has been asked to report to original place of posting at Govt. Middle School, Bonakoot, observed that employee does not have an indefeasible right to remain attached at a particular place for perpetuity. Exigencies of service require an employee to serve at any place where his/her services are so required in accordance with rules. Circular No.22-GAD of 2018 dated 06.07.2018, however, takes care of a situation where in exceptional circumstances; the department has been given a right to process the case of an employee for continuation. It would be open to the department to consider the degree of difficulty, if any, of the petitioner, although, to me, there appears to be none in the present case and pass appropriate orders in accordance with rules.
Petitioner Shaheena Jabeen challenges order dated 10th July, 2018, whereby she stand relieved from the place where she was attached and has been asked to report to original place of posting at Govt. Middle School, Bonakoot. The order impugned has been issued in compliance to the circular No.22-GAD of 2018 dated 06.07.2018 whereby all employees who stood attached were directed to be repatriated to the parent departments/ organizations with immediate effect.
Clause (iii) of the said circular, however, envisages that where continuation of an employee on attachment is warranted under exceptional circumstances, the department concerned shall process that case for approval of the concerned Advisor for extension in his period of attachment. JNF
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