as^ ^te^':|i ;iy ^ ^'^^ HG CHHATTISGARHAT BILASPUR WRTT PETITIONNo. 595 of2006 PETmONER Umanath Patel S/o Late Shri Bohdi-am Patel, aged about 39 years, Assistant Progi-aiimie Co- ordinator, (Monitoring Supervision aiid Integra! Education for Disable) District Pi'oject OfEce, Rajiv Gandhi Shiksha Mission, Raigarh Collectorate Compound, District Raigarh (C.G.) resident of KhaiTaghat, BcSadula, Raigai-lL District Raigarh (C.G.) VERSUS RESPONDENTS : l. Dirsctor (Mission), Rajeev Gandhi Shiksha Missioii, C.G. Raipur (C.G.) ;. Additional Director Raieev GaiidM Shifcsha Missioii, Raipur (C.G.) 3. Coimnissioner. Tribal and Scheduled Caste Development Department, Raipur (C.G.) 4. Assistant Conimissioner, Tribal Development, Raigarh (C.G.) 5. Collector, District Raigarh (C.G.) 6. Bloek Education OfEcer, Dharainjaygarh, District Raigarh (C.G.) PETTnON LTNDER ARTICLES 226/227 QF Tlffi CONSTITLTIQNj lasa Present: >hriR.S.PateL siiri A.S.KaciAwaha Smt. Smita Ghai, Ae f Advoeate forthe respondents 1 aiid 2. i! Lawver forthe respondents 3 to 6. (Passed on 25"' day of June, 2009) Heard. 1. In the present petition, the petitioner challenges the order dated 24.1.2.2005 (Aimexure P/l) whereby the petitioner was dirscted to be repatriated back to his parent departmsnt i.e. Tribal Dsvelopment Department. The petitioner who is an Assistant Teacher under the Tribal Welfare Department, was sent on deputation to Rajiv Gaadhi Shiksha Mission on 29.08.2005 as Assistant Programme Coordinator (Aiinexiire P/4). 2. Leamed counsel appearin.e for tlie petitioner submits that the petitioner camot be repatriated back to his parent department without the consent of the petitioner before expin' oftvvo years as per Rule 2(2) ofthe euidelines (Annexure P'lO). 3. Ttiis Coiirt. vide order dated 16.2.2006. staved the sffect and operation ofthe order dated 24.12.2005 (Aimexiire P/l') wherebv the petitioner was directed to be repatriated back to his parent department. By virtue of the intei-im order, the v^. petitioner has continued on the de.putation post for about four yeajs-fi'om the date ofhis initial posting on deputation. 4. Lav/ on deputation is we!l settled. This Court. mAzaclMohammadKhan v. State ofChhattisgarh and others' & other comiected mattere, decided on;28.07.2008, vide para 14 and 15 has held as under: "14. The circular dated 02.12.1988 dealing wifh the period of deputation wliich has been considered in the matter of Radhe Lal Nas v. Govemment ofCMiattisgarh and others [WP(S) No. 3997/20071 decided on 27.3.2008 reads as under: ^ TFi^F ^N' ^ ^iRfTO w ^ TT^ °yRd %t 'B^Tl? 'gn ^ q?*i'?t a^ ^ tSp? oft uiFft •citliy ! ?1? rf& 'eNT iqtfFiT 'A •ycliRl ^ ^ivs 'PTCTS •qR <rf: cKl? iisi^ utT V^iff ^ ^ Rxift 5ft ^' gf&PT^te IT? wr <rf q?' STqSr a? apN *l<Sti<1'-ii uft ^, l^fm ^ {VVS WyffW VW Virf W ^?T 'VSf uTTq ] ^^ ¥p:[^ri ^IM^if^xi ^r?T5i '®i^Ttt ~^ ^^y3r ^t tT sN <^ cft;T tffg ^ yft vs'-w'S'iV ayte-r ^ ^I's <nT tS ^TWaStff <N% qft grsTi Iw^w '•f^St ^ ws? '^A uTii' i..-..." 15. Applying the Vt'ell settled principles of law on deputation to fhe facts ofthe case, contmuation ofthe employses on deputation or repatriation on completion of deputation period does not depend on their consetit. After completion of muamum paiod ofdeputation, the petitioners/employee may be repatriated back to the pareht department. In case ofthose petitioners, who have not completed tvro years sen'ice, fhe State authorities may consider their cases separately aiid pass appropriate order in the light ofthe policy decisions ofthe State Govemment." 5. In light ofthe fact that the period of deputation has already come to an end, no consent ofthe petitioner is required to be taken for repatriating him back to his parent depai-fanent. 6. In view ofthe foregoing and for the rsasons stated heremabove, there is nothing in this petition. The petitioner may be repatriated back to the pareat department. Consequently, the writ petition stands disposed of. 7. Interim order dated 16.02.2006 is vacated. Satish K. Agnihotri Judge As-nit ' W.F-(S) No. '2607/20GS and olher connsctsd mausrs.