HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition No. 2241 of 2005 PETITIONER Rajesh Nair, S/o,Shri T.R. Ramchandra Nair, aged about 27 years, Chhattisgarh Public Service Commission, Shankar Nagar Road, Raipur (CG). VERSUS 1. State of Chhattisgarh through its General Administration Department, DKS Bhawan, Raipur (CG). 2. The Chhattisgarh Public Service Commission Through its Secretary, Shankar Nagar Road, Raipur (CG). 3. The Chhattisgarh Housing Board through its Commissioner, Shankar Nagar Road, Raipur (CG). (WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA) (SB: Hon'ble Mr. Satish K. Agnihotri, J.) Present : Shri A.S. Dadariya, Advocate for the petitioner. RESPONDENTS Shri M.P.S. Bhatia, Deputy‘Govt. Advocate for the State/respondent No. l. Shri B.D. Guru, Advocate for the respondent No. 2. Shri Avinash K. Mishra, Advocate for the respondent No. 3. ORAL ORDER (Passed on 4th day of March, 200,?) Heard learned counsel appearing for the petitioner and all the respondents. Learned counsel appearing for the petitioner submits that by order dated' 04.02.2003 (Annexure P/4), the petitioner was sent on deputation from Chhattisgarh Housing Board, Raipur, (for short 'Housing Board') to the Public Service Commission, Raipur (forshort 'PSC‘) on the post of A.G. III (Data Entry Operator). The petitioner was repatriated to his parent department i.e. Housing Board by impugned order dated 20.05.2005 (Annexure P/24). 2 The petitioner impugns the order dated 20.05.2005 on the grounds that the employees are being absorbed in the PSC and the petitioner has been singled-out for’non-absorption. The law of deputation is very clear. Hon’ble the Supreme Court in the matter , of State ofPunjab and others Vs. Inder Singh and othersl While considering the deputation and repatriation to the parent cadre/department on expiry of period of deputation held as under :- “18. The concept of “deputation” is well understood in service law and has a recognized 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 fleld 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. The law on deputation and repatriation is quite settled as we have also seen in various judgments which we have referred to above .............” x, 4. Hon’ble the Supreme Court in the case of Umapati Choudhary Vs. State of Bihar and another2 has defined ‘deputation’ in the following terms:- “Deputation can be aptly described as an assignment of an employee (cemmonly referred to as the deputationist) of one department or cadre or even an organization‘(commonly referred to as the parent department or lending authority) to referr anothi department to as the borrowing or cadre authority). or organization The necessity (commonly for sending on deputation arises in public interest to meet the exigencies of public service. The concept of deputation is ‘(1997) s scc 372 2 (1999) 4 s.c.c. 659 “)x 5. Further, in the matter of Kunal Nanda v. Union oflndia and another3, the Supreme Court held as under: consensual and involves a voluntary decision of the employer to lend the services of his employee and a corresponding acCeptance of such service by the borrowing employer. It also involves the consent of the employee to go on deputation or not.” “6....The basic principle underlying deputation itself is that the person concerned can always and at any time be repatriated to his parent department to serve any substantive position therein at the instance of either of the departments and there is no vested right in such a person to continue for long on deputation or get absorbed in the department to which he had gone on deputation. . .t” 6. The Supreme Court in the case of Prasar Bharti & Ors. V. Amarjeet Singh & 0rs.4 held as under:- “13. There exists a distinction between ‘transfer’ and ‘deputation’. ‘Deputation’ connotes service outside the cadre or outside the parent department in which an employee is serving. ‘Transfer’, however, is limited to equivalent post in the same cadre and in the same department. Whereas deputation would be a temporary phenomenon, transfer being antithesis must exhibit the opposite indications.” The petitioner has already completed more than tWo years on deputation. Therefore, there is no irregularity in the impugned order dated 20.05.2005 (Annexure P/24). The second prayer of the petitioner that a direction be ssued to the PSé to absorb the petitioner as Assistant Grade III/Stenographer (Hindi), cannot be issued in View bf the fact that the petitioner has no right to absorption in the department, to which he had gone on deputation. 3 (2000) 5 scc 362 {‘AIR 2007 sc 1269 i Sahu Learned counsel further submits that Housing Board has declined to accept services of the petitioner. The lien of the petitioner was with the Housing Board; therefore, the Housing Board cannot deny joining of the petitioner. The Housing Board, in its letter dated 25.04.2005 (Annexure P/17) has made it clear that if the services of petitioner is absorbed in the PSC, the Housing Board has no objection. In the present petition, since the service of the petitioner has not been absorbed with the PSC, the Housing Board cannot denyjoiningof the petitioner in the office ofHousing Board. With the aforesaid direction, this petition is disposed of. No order asto costs. 10. Interim relief granted earlier stands vacated. Consequently, pending applications, if any, also stand disposed of. i Sd/— . . Satish K. Agnihotri \ l Judge