THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.19107 of 2009 October 19, 2011 Between: T.Peethambar Reddy, S/o. Late T.Sai Babu Reddy .. Petitioner And The Commissioner, Panchayat Raj Department, Hyderabad And others …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.19107 of 2009 ORDER: (per Hon’ble Sri Justice V.V.S.Rao) The writ petition is filed against the order dated 04.8.2009 in O.A.No.8410 of 2009. By the said order the learned Andhra Pradesh Administrative Tribunal, while dismissing the O.A. filed by the petitioner, refused to interfere with the order of the third respondent dated 16.7.2009 whereby and whereunder the applicant was deputed from Zilla Parishad High School, Pamulapadu to Zilla Parishad High School, Gulyam to work as Record Assistant. The fact of the matter which is not in dispute is that the petitioner is Record Assistant; he was transferred to Z.P. High School, Pamulapadu on 05.8.2008; the third respondent by proceedings dated 16.7.2009 deputed the petitioner to work at Z.P. High School, Gulyam while directing that he shall draw his salary from Z.P. High School, Pamulapadu. The question before the Tribunal was whether the deputation/transfer is contrary to the guidelines in G.O.Ms. No.169, dated 17.6.2009 and whether the third respondent unilaterally deputed the petitioner to work in another school. The Tribunal took the view that the deputation of the applicant is not transfer and, therefore, no prejudice would be caused to him. The contention before this Court is that the deputation of the petitioner by way of transfer without consent is bad and illegal. We find force in the submission. FR 110(a) of the Andhra Pradesh Fundamental Rules is to the effect that no Government servant may be transferred to a foreign service against his will. The only exception is when a Government servant is transferred to the service of a body whether incorporated or not which is substantially and wholly controlled by the Government. It is not the case here. The petitioner was deputed from Z.P. High School, Pamulapadu to Z.P. High School, Gulyam. It is well settled that though due to exigencies of public servants a Government employee may be sent on deputation to another department or another establishment, normally such deputation is made with the consent of the employee. Deputation is deputing or transferring an employee to a post outside his cadre on temporary basis. There can be no deputation without the consent of the person so deputed (State of Punjab v Inder Singh[1]). When once an employee exercises option to go on deputation he cannot turn around and contend that conditions of deputation are illegal (Indu Shekhar Singh v State of U.P[2]). Further, even while an employee is on deputation, the foreign service can also be reckoned for the purpose of probation in the post held by him in the parent department while he was on deputation (R.L.Gupta v Union of India[3]). Therefore, the law is clear that an employee cannot be sent on deputation unilaterally without first obtaining his consent. In this case, admittedly consent of the petitioner was not obtained. He was deputed against his will to another school. Therefore, the order impugned before the Tribunal is unsustainable. In that view of the matter, we are inclined to interfere with the order of the learned Tribunal. Accordingly, the writ petition is allowed. The proceedings of third respondent being Rc.No.A6/2037/2009, dated 16.7.2009 shall stand set aside. There shall be no order as to costs. ________________ (V.V.S. RAO, J) ___________________ (K.G.SHANKAR, J) October 19, 2011 YS [1] (1997) 8 SCC 372 : AIR 1998 SC 7 [2] (2006) 8 SCC 129 : AIR 2006 SC 2432 [3] (1988) 2 SCC 250 : AIR 1988 SC 968