Deputation in government service can only be with the consent of the employee, the Gujarat High Court has ruled.
Baldev Chauhan, a technical assistant had sought the intervention of the court to declare his deputation order passed by the District Development Officer (DDO) as illegal and arbitrary. Justice KS Jhaveri ruled that the petitioner was sent on deputation without his consent and hence, the order passed by the DDO was bad in law and deserved to be quashed and set aside.
The court observed that the petitioner worked on deputation for a period of almost 13 years. However, he was repatriated to the parent department by the DDO vide order dated 09.05.2006 where he served for only two years. The DDO vide order dated 09.01.2008 again sent the petitioner on deputation at Jilla Gram Vikas Agency, Himatnagar without his consent. Being aggrieved by the said order, the petitioner made a representation for consideration; however, no decision was taken on the said representation.
Justice Jhaveri said, “In the present case, it is apparent that the petitioner has been sent on deputation to the place in question without his consent and against his willingness. Therefore keeping in mind the principle laid down by the apex court, in the case of State of Punjab vs. Inder Singh and others (1997) 8 SCC 372, it is clear that the impugned order passed by respondent no. 1 is bad in law and deserves to be quashed and set aside.”