Excelsior Correspondent
JAMMU, Aug 30: In a landmark judgment, Justice Tashi Rabstan has held that “deputation” 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.
This observation has been made by the Justice Tashi Rabstan in a petition filed by Pawan Nehru and others challenging the order of Commissioner/ Secretary to Government, Relief & Rehabilitation Department, whereby petitioners have been repatriated to their parent departments with immediate effect.
After hearing Senior Advocate Sunil Sethi for the petitioners whereas AAG Ehsan Mirza appearing for the State, Justice Tashi Rabstan observed, “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”, Justice Rabstan further said.
“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”, High Court further said.
“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”, Justice Rabstan said while dismissing the petition.
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