Excelsior Correspondent
Srinagar, Aug 25: The High Court today clarified that the employee on deputation has no vested right to remain on the cadre of the departments where he is deputed and his repatriation to the parent department by the Government is not wrong.
The petitioner-employees challenged the Government Order No. 255- JK(GAD) of 2021 dated 22nd of March, 2021, whereby have been repatriated to their parent Organization immediately from the Department of JK Industries as the Industry suffered losses, thereby resulting in to declaring it as a ‘Sick Industry’.
Accordingly, the list of surplus staff is stated to have been furnished to the General Administration Department of the Government of Jammu and Kashmir with the request that the said surplus staff be adjusted/ deployed in other Government Departments so that the expenditure on account of monthly establishment/ salary cost may be reduced.
The Government, in the General Administration Department, as stated, took up the matter with the Industries & Commerce Department and, after obtaining the requisite ‘No Objection’ from them, deployed the aforesaid surplus staff in various Government Departments.
It is pleaded that the petitioner-employees are discharging their duties in the said Government Departments to the best satisfaction of their superior officers. However, in terms of the Government Order No. 255-JK(GAD) of 2021 dated 22nd of March, 2021, they stand repatriated to their parent Organization to which they are aggrieved of.
Justice Ali Mohammad Magrey said there is no merit in the instant petition and dismissed the same accordingly by recording that the application of the provisions of Article 52 of the Jammu and Kashmir Civil Service Regulations, 1956, itself, which, in no uncertain terms, emphasize that the reversion of a ‘deputationist’ can be at any stage, either by the lending or the borrowing Department
“That a ‘deputationist’ has no vested right to remain on the cadre of the Department where deputed. There, thus, 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 concluded.
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