Deputation is temporary; employee has to return back to parent department: HC    

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Srinagar: The Jammu and Kashmir High Court has dismissed a petition by some employees of J&K State Road Transport Corporation against their repatriation to their parent department last year.
“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 expiry of period of deputation, employee has to come back to his parent department to occupy the same position,” a bench of Justice Tashi Rabstan said.
“There can be no deputation without 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. There is no escape for the petitioners now to go back to their parent department and work there,” the court added.
Due to creation of new Districts in the State, paucity of staff in Motor Vehicles Department at the level of Motor Vehicle Inspectors (Technical) and Ministerial staff in the offices of RTOs/ARTOs, was at galore.
To tame such dearth, staff from J&K State Road Transport Corporation was deputed for a period of two years or for such time these posts were filled up through recruitment agencies, subject to the condition that these officials shall be reverted to their parent organization(s) on the expiry of the term of deputation.
14 posts of Motor Vehicle Inspectors and 16 posts of Junior Assistants came to be filled up in Motor Vehicles Department against clear vacancies by selection. The selectees joined department as a consequence, government repatriated those sent on deputation to their parent organization.


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