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NARENDRA KUMAR VYAS
Hemant Upadhyay, S/o. Shri Y. C. Upadhyay – Appellant
Versus
State of Chhattisgarh, Through The Secretary, School Education Department – Respondent
ORDER :
(Narendra Kumar Vyas, J.)
1. The petitioner has filed this writ petition to set-aside the order dated 11.03.2024 (Annexure P/1) by which the petitioner has been posted on deputation with State Council for Educational Research and Training (SCERT) and order dated 12.03.2024 (Annexure P/2) by which the petitioner has been relieved for joining as Deputy Director at SCERT, Raipur to allow the petitioner to discharge duties on the post of Incharge, Joint Director, Sarguja Division.
2. The brief facts, as reflected from the records are that the petitioner was appointed as Deputy Director in the School Education Department. He was transferred on 18.08.2021 from Durg to Bastar and within 6 months he was again transferred on 08.02.2022 from the office of Joint Director, Bastar to the office of Joint Director Sarguja as Incharge, Joint Director, where he again joined at Sarguja. Thereafter, again the petitioner was transferred from the post of Joint Director, Sarguja to DPI, Raipur vide order dated 13.12.2022. Being aggrieved with frequent transfer, the petitioner has filed writ petition before this Court bearing WPS No. 9208/2022 and vide order dated 03.01.2023, this Court has granted
Consent is not required for posting to a government-controlled body, and the equivalence of posts negates claims of adverse impact on service conditions.
Point of law: Whilst it is true that limitation does not strictly apply to proceedings Under Articles 32 or 226 of the Constitution of India, nevertheless, such rights cannot be enforced after an unr....
A deputationist has no vested right and can be repatriated for valid reasons, and public interest and administrative exigencies are valid grounds for transfer.
Only aggrieved persons with the requisite eligibility can challenge appointments, and the true nature of an appointment must be assessed beyond its terminology.
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
No prior consent required for employee deputation within same Union Territory under Article 52-C, J&K CSR, 1956.
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