The repatriation of deputationists, in certain circumstances, may virtually amount to their dismissal from service, and such repatriation can be quashed.

1. Heard the parties.

2. All the three writ applications were heard together and are being disposed of by this common order with the consent of the parties, as the petitioners are either the employees of the Sugar Corporation or the Fisheries Development Corporation, who had been sent on deputation to the State Government for absorption of their services from where now they were being repatriated to their Parent Department. Petitioners in all the three applications are aggrieved by the said order of repatriation as according to them, as their deputation was in view of the decision of the State for absorption they cannot be treated as a person on deputation and can be sent back any time.

3. On the other hand it has been contended that in view of the Circular of the Finance Department dated 16.11.99 there can be deputation of a State employee in Public Sector Undertaking but not vice versa, as such, it has been contended by the learned Counsel for the State appearing in these writ applications that as a deputationist does not have any right and as a Circular of the Finance Department debarring such deputationist was there from before, as such, these writ applications should not be allowed, rather dismissed on merit.

4. A counter-affidavit has been filed in two of the writ applications. One relating to the employees of the Fisheries Development Corporation and other to the Sugar Corporation. The third writ application also relates to the Sugar Corporation.

5. The contention on behalf of the petitioners in all the three writ applications is that it is not in dispute, as has been argued by the State and a proposition which is well settled that a deputationist does not have any right. He holds lien in his department and either he can be recalled by his Parent Department or repatriated from the place where he is on deputation by the aforesaid department but according to the learned Counsel for the petitioners, the case of the petitioners is entirely different, as they are the employees of the Corporations/Boards which have become financially non-viable or the employees had become surplus, rather on the direction of the State Government itself their liquidation has been directed to be done and/or they are being wound up. As such, the result of the repatriation would be their removal from service which, in a welfare State, cannot be done without any fault on their part resulting in an order which would be prejudicial.

6. Secondly, it has been argued that the same has been done subsequent to the Circular of the Finance Department which has been relied upon by the State above, pursuant to the decision of the State to depute the employees of the Corporations/Boards which were sick or the employees have become surplus for the purpose of their absorption. A decision which has been considered and endorsed up to the level of the Chief Minister of the State also.

7. In that view of the matter, it has been argued that the present deputation of the writ petitioners in these writ applications was not a deputation simplicitor but deputation for absorption and as such their repatriation is bad and be quashed.

8. A fact which has not been contested by the parties, rather accepted is that the Corporations to which the petitioners of the three writ applications belong are at the verge of closure. It is also admitted that if the petitioners are allowed to be repatriated, they would not be getting their salary. A policy decision of the State Government which has been brought on the record, though still not approved by the Cabinet would go to show that these deputations had been done in pursuance of a Scheme, which had been approved up to the level of the Chief Minister of the State whether it has been notified or not is one question but persons, who have been allowed to avail benefit of it and have been deputed, today in view of the same, cannot be allowed to be sent back to the Corporations/Boards which they are under liquidation or being wound