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SCA/14306/2010 1/ 1 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14306 of 2010
=========================================
VIJAYKUMAR
AMBALAL PATEL & 1 - Petitioner(s)
Versus
MANAGING
DIRECTOR & 2 - Respondent(s)
=========================================
Appearance :
MR
TEJAS P SATTA for Petitioners
MR RC JANI for
Respondents
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 07/09/2011
ORAL
ORDER
Heard
the learned advocates for the parties and perused the record.
Deputation
is an ‘exigency of service’ and the petitioners admittedly appointed
with the respondent-Corporation are ordered to work on deputation in
the Department of Industry & Mines, State of Gujarat, which
cannot be said to be a ‘foreign service’ as defined under the Gujarat
Civil Services [Joining Time, Foreign Service, Deputation out of
India, Payment during suspension, dismissal and Removal) Rules, 2002,
more particularly Rule 36, under Chapter IV, where transfer to
foreign service is not permissible without consent of the employee,
but the proviso thereto carves out that, in the case of transfer of a
government employee to the service of body incorporate which is
wholly or substantially owned or controlled by the Government, the
above provision of obtaining ‘consent’ of an employee for deputation
will not be applicable. The same is true vice-versa when an employee
of the Corporation is sought to be deputed to a government
department.
In
the above circumstances, the order of status-quo granted earlier
stands vacated.
S.O.
To 24th November 2011.
(ANANT
S. DAVE, J.)
(swamy)
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