High Court of Himachal Pradesh

Rajneesh Kanwar Vs. State of H.P. and Ors.

MANU/HP/2320/2019

19.12.2019

Service

No person can be sent on deputation without his consent

The Petitioner joined the Respondent department as TGT (NM) in the year, 2006 and thereafter served in various places in the State. On 8th April, 2019, he was deputed as BRCC and posted at Block Bijhar, District Hamirpur, and he was required to join within a period of 15 days but he did not do so and rather made a representation to Respondent No. 2 informing him that, he was not in a position to join the deputation as BRCC due to his adverse family circumstances. In the meanwhile, vide order, Respondent No. 4 came to be transferred to GSSS Sohari, District Hamirpur, however, the transfer order was conditional to the extent that his joining would be only subject to the relieving of the Petitioner on appointment as BRCC.

On 29th May, 2019, Respondent No. 4 was relieved from the place he was serving I.e. GHS, Shahdhar, District Shimla and directed to join at GSSS, Sohari, District Hamirpur, in place of the Petitioner. The Principal of GSSS, Sohari appeared to have relieved the Petitioner on 30.05.2019 and thereafter permitted Respondent No. 4 to join at his place, constraining the Petitioner to file the instant petition.

It is more than settled that, no person can be sent on deputation without his consent and, therefore, the Petitioner under no circumstance can be compelled to join as BRCC, at Block Bijhar, District Hamirpur.

The concept of "deputation" is well understood in service law and has a recognised meaning. "Deputation" has a different connotation in service law and the dictionary meaning of the word "deputation" is of no help. In simple words "deputation" means service outside the cadre or outside the parent department. Deputation is deputing or transferring an employee to a post outside his cadre, that is to say, to another department on a temporary basis. After the expiry period of deputation the employee has to come back to his parent department to occupy the same position unless in the meanwhile he has earned promotion in his parent department as per the Recruitment Rules. Whether the transfer is outside the normal field of deployment or not is decided by the authority who controls the service or post from which the employee is transferred. There can be no deputation without the consent of the person so deputed and he would, therefore, know his rights and privileges in the deputation post.

Record reveals that even though the order of transfer of Respondent No. 4 was effected on 20.03.2019, however, the same was conditional and subject to relieving of the present incumbent on appointment as BRCC at Block Bijhar, District Hamipur. Additionally, it was also borne out from the record that, the Petitioner himself has made a request on 14.05.2019 whereby he had expressed his inability to join on deputation as BRCC at Block Bijhar, District Hamirpur due to his adverse family circumstances.

Once that be so, then the Principal of GSSS, Sohari could not have relieved the Petitioner and thereafter accept the joining report of Respondent No. 4. More importantly, even in terms of the policy of deputation, the incumbent is/was required to report for duty at the place of deputation within a period of 15 days.

Consequently, the petition is allowed and the impugned order passed by the learned Tribunal whereby the petition filed by the Petitioner for the same relief came to be dismissed, is set aside. Resultantly, the relieving order is also quashed and the Petitioner is permitted to continue at GSSS, Sohari, District Hamirpur. The petition is disposed of.

Tags : Deputation Relieving order Legality

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