Srinagar- Observing that deputation can’t exceed beyond a maximum period of four years, the High Court of J&K and Ladakh has held that once an employee on deputation is absorbed in the borrowing department and his lien in the parent department terminated, he cannot be repatriated.
A Single bench of Justice Wasim Sadiq Nargal responded in negative to a moot question before it in petition whether an employee after his permanent absorption in the borrowing department and after termination of his lien in the parent organization can still be repatriated to his parent organization after a period of 21 years.
“As per Civil Services Regulations, deputation can’t exceed beyond a maximum period of 4 years and in the present case, since the petitioner has continued for more than 26 years in JKSRTC as on date, it cannot be construed that the petitioner still continue to be on deputation, when the petitioner stood absorbed permanently way back in 2010,” the court said, adding, “The respondents (authorities) never raised any objection in this regard.”
The court said that Rule 37-A to 37-J of the Civil Services Regulations deal inter-alia with acquisition, suspension and termination of lien.
“As per Rule 37-A of Civil Services Regulations, it is clear that a Government servant shall acquire a lien on a post on his substantive appointment to a permanent post.”
The court was hearing a petition in which the petitioner stated that he was appointed as Helper in J&K State Forest Corporation in 1996 and that he was sent on deputation in the office of then Minister of Food Supplies and Transport for his further duty on 20.01.1997. On the strength of this communication, he had started working as Junior Assistant in the office of the Chairman, Jammu and Kashmir State Road Transport Corporation (JKSRTC).
“Since the consent was given by the State Forest Corporation of the permanent absorption of the petitioner and once the lien of a employee on a particular post comes to an end, it cannot be revived,” the court said, adding, “Thus, the legal position which emerges in the present case that once an employee on deputation is absorbed in the borrowing department/organization and his lien in the parent department/organization stood terminated, his subsequent repatriation will be dehors the service rules and Civil Services Regulations and is not sustainable in the eyes of law being illegal.”
Subsequently, the court held an order, whereby the petitioner has been ordered to be sent back to the State Forest Corporation, as “dehors the rules and the illegal”.
The court also directed authorities to release the wages of the petitioner from November, 2018 to November, 2022 and also treat him as a permanent employee of J&K SRTC.
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