Excelsior Correspondent
JAMMU, July 26: The High Court of Jammu & Kashmir and Ladakh has held that an employee after his permanent absorption in the borrowing organization by competent authority pursuant to the approval of the parent organization cannot be repatriated to parent organization more particularly when he has earned various promotions.
The court of Justice Wasim Sadiq Nargal was dealing with the petitions filed by Ravinder Kumar, who was appointed as Helper in J&K State Forest Corporation in the year 1996 and later he was sent on deputation to the State Road Transport Corporation. In the year 2010, he was permanently absorbed in the Road Transport Corporation with the approval of competent authority-Chairman JKSRTC and in the light of No Objection Certificate (NOC) given by State Forest Corporation.
He was even given various promotions from time to time pursuant to the recommendations of DPC and his continuance in JKSRTC was never objected by the organization. However, vide order No.JKSRTC/GMA/1428 dated October 30, 2018 the petitioner was repatriated back to the State Forest Corporation and he challenged the same before the High Court.
After hearing both the sides, Justice Wasim Sadiq Nargal observed, “had the petitioner not been absorbed in JKSRTC, then there was no question of allowing the petitioner to continue in JKSRTC beyond the period of deputation—4 years or allowing the petitioner to earn further promotions in the Corporation in pursuance to the recommendation of the Departmental Promotion Committee of JKSRTC”.
“Despite the fact that the order of repatriation has been kept in abeyance by this court which continues to be operative as on date, the respondents issued yet another order on the same date by virtue of which the respondent has been asked to look after the duties of Incharge JKSRTC Pathankot till further orders and the said order also was stayed by this court besides directing the respondents to release the salary of the petitioner for the said post”, High Court said.
“In spite of categoric direction issued by this court in SWP No. 2608/2018, the respondents did not permit the petitioner to discharge his duties and even the salary was also not released. Feeling aggrieved of the same, the petitioner filed the contempt petition, which has been listed along with the present petition in which this court passed a detailed order on 18.11.2022”, Justice Nargal said, adding “admittedly, significant aspect of the matter in the instant case is that the State Road Transport Corporation which was the borrowing department had refused to repatriate the petitioner to his parent organization—State Forest Corporation even after the completion of period of deputation and he was not released and instead the JKSRTC went on utilizing his services, uninterruptedly and without any hindrance”.
High Court further observed, “the fact of the matter is that the petitioner was never repatriated to his parent organization even after the expiry of initial period of deputation or the maximum period of deputation of four years as envisaged under 52-C of Civil Services Regulations and instead, has been allowed to continue in JKSRTC for 21 years till passing of order of repatriation and subsequently, the sudden repatriation by virtue of order impugned after such a long period without any objection from the parent department and absorption by the competent authority in 2010, the order impugned cannot sustain the test of law”.
Holding that an employee after his permanent absorption in the borrowing organization by competent authority pursuant to the approval of the parent organization and consequently, termination of his lien in the parent organization can’t be repatriated to parent organization after 21 years of his deputation more particularly when the petitioner has earned various promotions, Justice Nargal disposed of both the petitions with the direction to the respondents to release the back wages of the petitioner from November 2018 to November 2022.
The respondents have further been directed to treat the petitioner as permanent employee of SRTC and grant all the consequential benefits of such absorption by fixing his seniority in JKSRTC from the date of his absorption at an appropriate place in various cadres keeping in view his various promotions accorded form time to time pursuant to the recommendations of DPC.
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