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| Deputation seldom confers any right for "regularization": HC | | | Early Times Report
jammu, Aug 30: High court judge Tashi Rabstan today held that "Deputation" per se being a contractually made ad-hoc arrangement, seldom confers any right upon a deputationist, either for completion of the term of deputation or regularization of such stop- gap arrangement. The court directive came in a petition filed by Pawan Nehru and others, challenging the order of Commissioner/Secretary to Government, Relief and Rehabilitation Department, whereby petitioners have been repatriated to their parent departments with immediate effect.
The facts-in-brief, as projected in the writ petition, are that all the four petitioners came to be transferred and posted as Zonal Officers in the vicinity of Jammu City vide Order No.Rev/MR/57 of 2014 dated 04.03.2014 issued by the Commissioner/Secretary to Government, Revenue Department. It is averred that upon reorganization of the Revenue Department and creation of new zones as also for carrying out effectively the relief and rehabilitation measures for Kashmiri migrants, petitioners came to be adjusted in the Relief and Rehabilitation Department and posted as Zonal Officers/Camp Commandants in the new zones in the vicinity of Jammu City vide Order No.Rev/MR/GR/28 of 2015 dated12.02.2015.
The grievance of petitioners is that only after six months of their adjustment in the Relief and Rehabilitation Department, order No 05-R&R of August 10, 2015 was issued, whereby amongst others, the petitioners have also been prematurely repatriated to their parent departments.
Justice Rabstan, after hearing the two sides, observed that transfer means shifting from one section/wing to another within the parent department. Whereas, 'transfer on deputation' means service outside the parent department or against equivalent post from one cadre to another. In the present case, the petitioners have not been 'transferred' within the parent departments, but they have been 'transferred on deputation' outside their parent departments. Their deputation order also does not show that they have been deputed for some specific period. It is settled law that if the order of deputation does not provide for any fixed period of deputation, it is for the concerned authority to pass an order of repatriation as and when necessity arises on the ground of administrative exigency or in the interest of administration. It is also an admitted fact that a deputationist can be repatriated even before the period of his deputation and no doctrine of estoppels will come in his way for reversal of his deputation to his parent department on repatriation. "Deputation" per se being a contractually made ad-hoc arrangement, seldom confers any right upon a deputationist, either for completion of the term of deputation or regularization of such stop- gap arrangement.
The petitioners, therefore, cannot claim as a matter of right to remain posted on deputation in the Relief Organization, even if they have been deputed for a definite period. It is for the employer to decide where the services of an employee can be best utilized and where he is to be posted.
With these observations, the court dismissed the petition. (JNF). |
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