STATE TIMES NEWS
JAMMU: Justice Dhiraj Singh Thakur on Saturday held that employee on deputation can be repatriated at any point of time to his parent department.
The court direction came in a petition filed by Fayaz Ahmad Bhat and another, belonging to State Road Transport Corporation (STRC). They were on deputation to the Motor Vehicles Department (MVD). 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 petitioner No.2 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 viz SRTC with immediate effect and were deemed to have been relieved by virtue of the same order. The said order has been challenged.
Justice Dhiraj Singh Thakur after hearing both the sides observed that the statutory provisions governing appointment of Motor Vehicle Inspectors as also SRO 263 and held that the appellants therein had no right of absorption in terms of the statutory rules.
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 employee on deputation can be repatriated at any point of time to his parent department. With these observations High Court dismissed the petition.