^ -b HIGH COURTOF JUDICATURE CHHATTISGARH: BILASPUR Single Bench: Hon'ble Shri Satish K. Agnihotri, J. Petifioner Writ Petition (S) No. 3997 of 2007 Radhe Lal Nag, S/o Shri Rattiram Nag, Age about 44 years, Asst. Teacher, Khand Shrot Samanvayak, Khand Short Karyalaya, Block - Orchha, Distt. - Bastar (C.G.) Versus Respondents 1. State Govt. of Chhattisgarh, Through : Secretary, School Education Department Ministry, D.K.S. Bhavan, Raipur(C.G.) 2. Jila Pariyojana Sanchalak, Rajiv Gandhi Shiksha Mission, Jagdalpur (C.G.) 3. District Education Officer, Distt. - Jagdalpur (C.G.) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Smt. Mala Dubey.Advocate for the petitioner. Shri A. S. Kachwaha, Deputy Advocate General for the respondents. ORAL ORDER (Passed on this 27th day of IVIarch, 2008) 1. By this petition, filed under Article 226 of the Constitution of India the petitioner impugns the validity ofthe order dated 1.6.2007 (Annexure P/2), passed by the District Project Commissioner, Rajeev Gandhi Shiksha Mission, Jagdalpur, District - Baster, whereby the order of deputation of the petitioner was cancelled. 2. The brief facts, in nutshell, are that the petitioner was working as Assistant Teacher in Kanya Ashram, Doonga, Block Orcha, in the Tribal Welfare Department. He was sent on deputation to Rajeev Gandhi Primary Shiksha Mission and posted as Block Source Coordinator, Block - Orcha .A^.__ 9 —Js;' vide order dated 12.7.2006 (Annexure P/1). The period ofdeputation was not prescribed in the order. By the impugned order dated 1.6.2007 (Annexure P/2) the services of the petitioner was withdrawn from deputation and the petitioner was repatriated to the parent department. 3. Smt. Mala Dubey, learned counsel appearing for the petitioner submits that as per the circular dated 2.12.1988 (Annexure P/3) the services of the petitioner cannot be repatriated without consent of both the parties and the employee concerned. 4. Shri A. S. Kachwaha, learned counsel appearing for the respondents fairly submits that in accordance with the circular dated 2.12.1988, initially the period of deputation should be two years. The circular is in the nature of guidelines to the concerned departments, where the government servants were repatriated before completing of a period of two years. The same cannot be done, without consent of the employee, the parent department as well as the borrowing department. 5. I have heard tearned counsel appearing for the parties and perused the pleadings appended thereto. Admittedly, in the present case it is evident that the petitioner was sent on deputation by order dated 12.7.2006 and by order dated 1.6.2007 the deputation was cancelled and the petitioner was repatriated back to the parent department before a minirrium period of two years. 6. As per the circular dated 2.12.1988 (Annexure P/3) in normal cases the minimum period of deputation is two years, which can be extended for a period of four years. The relevant cla'use of the circular dated 2.12.1988 (Annexure P/3), reads as under:- ".........(2) yRlPl^,Otl ^T 'ETiT-T 4;;:(cT ^ airaR TR ?^ c& <i4<i'd ^re-T ft^ ^ onrf^f cst '^qr^ ^q -^ ^ti c;t ^ ^ Rr^ oft uir-ft 'enft4 i '!(? arafe ^.ft R'<II<|T ^ ^reitfiT ^ ^cT l<1ctl*<{ ^R ^ (W VS\^ uff ^1^'ft ? '3^ ^ft '^ .^--- - :"r~-y tf^-^ . '- t' ''•-: rfS^5'" <>• T^ STcRT ^' uRlR^f^f TR ^R q^ E^ SrafSr ^ <i4<l-Tf q1h *j,<&44^1 ^t ^. iblPf* f^TTT ^ 'W^tT 31^ t;^ TfTCf f^ ^v Ti€f '?<ar "rr^ l ^ WT'RT yRiPi<j,Rrt wrir ^sr^ ^ vw\ ^f arafe 'wtfTccr gt^ c^ ^.r fire ^ tbiW* f^'iTfr ^ g^TT'B^ta 3|'^*1'ii;-1 ^ d4-<l-fl '^^»C ^fi^Pt9»T ^ iill'«<t?l<< ^qq; q?t ara^pr 'i'14'ft'y ^iffera> ^n^t ^ wsr "4^ 'urr^ i 7. Hon'ble the Supreme Court in the matter of State of Punjab and others Vs. Inder Singh and others 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 field of deployment or not is decided by the authority who controls the sen/ice 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 haye referredto above............." 8. Hon'ble the Supreme Court in the case of Umapati Choudhary Vs. State of Bihar and another^ has defined 'deputation' in the following terms:- ' (1997) 8 SCC 372 2(1999)4S.C.C.659 - ff^- .^:s^'" ,i<f>'sSa^! ff ^ ^ "'^ '^ '^. .if€ j\ '^-x.4' '^3^.^ •». -i-1 ^ "Deputation can be aptly described as an assignment of an employee (commonly 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 another department or cadre or organization (commonly referred to as the borrowing authority). The necessity for sending on deputation arises in public interest to meet the exigencies of public service. The concept of deputation is 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." 9. Hon'ble the Supreme Court in the case of Prasar Bharti & Ors. V. Amarjeet Singh & Ors. held as under:- "13. There exists a distinction between 'transfer' and 'deputation'. 'Deputation' connotes sen/ice 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." 10.1n view of the foregoing, it is ctear that the petitioner is entitled to remain on deputation for a minimum period of two years from the date of his joining in the borrowing department i.e. Rajeev Gandhi Shiksha Mission. The services of the petitioner cannot be repatriated before two years, without consent of the petitioner/employee concerned. Thus, the impugned order is bad and contrary to the-circular dated 2.12.1988. 11. For the reasons mentioned hereinabove, this petition is atlowed to the above extent that the petitioner be allowed fo remain on deputation for a minimum period of two years from the date of his joining pursuant to the AIR 2007 SC 1269 thakur »d«d.»-12.7.20... T.. .^- »»— 1-e'2°°7 """""" p/2), in regard to the petrtioner is quashed_No^erasto^osts_ Sd/- Satish K.Agnihotn Judge