Excelsior Correspondent
Srinagar, Aug 28: High Court today said the employee on deputation have no right to remain on the cadre of department on deputation and upheld the communications issued by the Managing Director J&K Cements Ltd for asking various departments to repatriate its employees back in order to operate the cement plants in various districts.
Justice Ali Mohammad Magrey keeping in view of facts of two separate petitions filed by employees who are on deputation to various Government departments dismissed these pleas by recording that there is no merit in these petitions.
“There is …nothing wrong in repatriation of the petitioners on the cadre posts of their parent department which they were holding in substantive position”, Justice Magrey recorded in the judgment.
The then MD of organization had requested to General Administration Department that surplus staff of Organization be adjusted and deployed in other Government departments in order to reduce the monthly expenditure on salary as Corporation was facing huge losses.
After completing all formalities and obtaining ‘No Objection’ from the Industries & Commerce Department, the surplus staff of organization including petitioners were deployed in various newly created Government Medical Colleges in Baramulla, Anantnag, Kathua, Doda, Rajouri, Department of Geology & Mining, Handloom Development Department and other departments in January 2019.
Court has been informed that thereafter, Lt Governor of the UT of J&K under the Administrative Control of Industries & Commerce Department reviewed the functioning of the various Public Sector Units, Corporations and Organization and took various decisions for the betterment of the employees as well as of the J&K Cements Ltd Organization on January, 27 2020.
Aggrieved employees counsel submitted before the court that the communication issued by MD for repatriation of petitioners is total non-application of mind as he has no power and authority to seek repatriation of the petitioners and other deputed staff as it is to be decided by the concerned Administrative Department in consultation with the GAD.
Government counsel in opposition to the submissions made by petitioners counsel, submitted before the court that the basic principle underlying deputation itself is that the person concerned can always, and, any time, be repatriated to his parent department to serve in his substantive position therein at the instance of either of the departments.
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