Excelsior Correspondent
JAMMU, Dec 2: In a significant judgment, Justice Dhiraj Singh Thakur has held that a deputationist can be repatriated at any point of time to his/her parent department.
The judgment was delivered in a petition filed by Fayaz Ahmad Bhat and others, who belong to the State Road Transport Corporation (SRTC). They came to be brought on deputation to the Motor Vehicle Department.
The period of deputation was extended from time to time. By virtue of order dated July 20, 2017 issued by the Secretary to Government, Transport Department, the deputation period of one of the petitioners was further extended by six months. However, by virtue of order impugned dated October 26, 2017, issued by the Commissioner Secretary to the Government Transport Department, the petitioners have been repatriated back to their parent department–State Road Transport Corporation with immediate effect and were deemed to have been relieved by virtue of the same order.
After hearing both the sides, Justice Dhiraj Singh Thakur observed, “as per the statutory provisions governing appointment of Motor Vehicle Inspectors and also SRO 263, the appellants had no right of absorption”.
“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 July 20, 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”, Justice Thakur said.
With these observations, High Court dismissed the petition.
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