A government employee cannot be sent on deputation without his consent, the Gujarat High Court has ruled.
The ruling came on a petition filed by Baldev Chauhan, designated as overseer, who urged that his deputation order issued by the district development officer (DDO) be declared illegal and arbitrary.Justice K.S. Jhaveri ruled that the petitioner was sent on deputation without his willingness and consent hence the order passed by the DDO was bad in law and deserved to be quashed and set aside.
“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, it is clear that the impugned order passed by district development officer is bad in law and deserves to be quashed and set aside,” the court said in an order delivered Saturday.
Chauhan’s case was that he was appointed as technical assistant in 1978 and was posted at Tribal Panchayat Irrigation sub-division in Megharaj in Sabarkantha district of north Gujarat where he worked till April 16, 1985. Thereafter, from time to time, he was transferred to various places.
The petition said Chauhan was promoted to the post of Overseer by the DDO in March 1993 and was sent on deputation to Jilla Gram Vikas Agency, in Sabarkantha district.
The court observed that Chauhan had worked on deputation for almost 13 years.
Thereafter, he was repatriated to the parent department by the DDO in May 2006 and worked in his parent department for over two years.
In January 2008, he was again sent on deputation to Jilla Gram Vikas Agency, Himatnagar without his consent. Being aggrieved by the order, the petitioner made a representation to the DDO but to no avail. He then sought judicial intervention.