Consent to an external deputation order may be inferred from an employee's conduct if they join the new post and serve for a significant period without objection. Additionally, management may redeploy surplus staff during periods of severe financial crisis to achieve organizational efficiency.

Judgment :

Krishna Rao, J.

1. The petitioners have filed the present writ petitions challenging the order No. DPL/GM (HR&A) 2022/471 dated 27th December, 2022, order No. DPL/GM (HR&A) 2023/13 dated 10th January, 2023 and order No. DPL/GM (HR&A) 2023/17 dated 10th January, 2023 with regard to their posting on deputation to the office of the District Controller – Food and Supplies, Purba Bardhaman, Khadya Bhavan, Bardhaman, West Bengal from Durgapur Projects Limited (hereinafter referred to as “DPL”), Durgapur.

2. The issue raised by the petitioners in their respective Writ Petitions that as per the Standing Orders of the Durgapur Projects Limited, the Workman of the DPL may be transferred from one department to another department of the Company but there is no provision of transfer or to posted on deputation from one organization to another organization of the Government.

3. The petitioners were appointed either by way of compassionate ground or by way of direct recruitment in different Class IV (Tech) posts at Durgapur Projects Limited in different dates since 1994 to 2012.

4. By an order dated 27th December, 2022, as per the decision of the State Level Committee on Rationalization and Optimal Utilization of Human Resources, 102 employees including the petitioners herein posted at Durgapur Projects Limited, Durgapur, were placed on deputation to the Office of the District Controller - Food and Supplies, Purba Bardhaman, Khadya Bhavan.

5. The contentions of the petitioners are that the service conditions of the petitioners are governed by the Standing Orders of the Durgapur Projects Limited and as per Clause 10 of the Standing Orders, the workman cannot be transferred on deputation from Durgapur Projects Limited to other Department of Government of West Bengal but in the present case, the petitioners have been posted in deputation in the Office of the District Controller - Food and Supplies, Purba Bardhaman, Khadya Bhavan from Durgapur Projects Limited.

6. The respondent nos. 2 to 5 first raised an objection with regard to the maintainability of the writ petitions on the ground that the impugned orders were passed on 27th December, 2022 and 10th January, 2023 respectively and in terms of the orders, the petitioners have joined their duties in the office of the District Controller- Food and Supplies, Purba Bardhaman without any protest or objection and after two years of joining, the petitioners have filed the present writ petitions. In support of his submission, he has relied upon the judgment in the case of Kavi Raj and Others Vs. State of Jammu and Kashmir & Ors. reported in (2013) 3 SCC 526 and submits that consent of posting (or transfer) beyond the cadre (or parent department) is inferable from the conduct of the employee, who does not protest or contest such posting or transfer.

7. Mr. Soumya Roy Chowdhury, Learned Advocate representing the Durgapur Projects Limited submits that the petitioners have suppressed the fact that after issuance of the impugned order, the petitioners have without any protest reported their duty at their new place of posting and are drawing their salary continuously. He submits that the petitioners have not come before this Court with clean hand. He has relied upon the judgment in the case of Auroville Foundation Vs. Natasha Storey reported in 2025 SCC OnLine SC 556.

8. Mr. Roy Chowdhury submits that altogether 332 employees have been posted on deputation but only the petitioners have challenged the impugned order after two years, even a