IMPORTANT POINT
Consent is not required for posting to a government-controlled body, and the equivalence of posts negates claims of adverse impact on service conditions.

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 interim protection by staying the effect and operation of transfer order dated 13.12.2022 and the interim protection is still continuing.

3. Learned counsel for the petitioner would submit that the petitioner was suspended vide order dated 01.08.2023. He has challenged his suspension before this Court by filing WPS No. 9251 of 2023 before this Court and this Court has quashed the suspension order on 14.12.2023 and directed for reinstatement of the petitioner. The petitioner joined on 21.12.2023 thereafter vide impugned order dated 11.01.2024 after revoking suspension of petitioner posted him by way of deputation as Deputy Director with the State Council for Educational Research and Training (SCERT) Raipur, without cancelling earlier transfer order dated 13.12.2022, without taking permission from this Hon'ble Court during concurrency of stay order dated 03.01.2023, without obtaining consent from the petitioner for sending him on deputation, without there being any sanctioned post of Deputy Director available with the respondent SCERT, without taking any approval in coordination from Hon'ble Chief Minister. Thereafter the petitioner is relieved exparte vide order dated 12.03.2024 by the respondent Incharge Joint Director mentioning himself as Joint Director.

4. It is further submitted that as per the set up of respondent SCERT in the year 2002 only 1 post of Deputy Director in Publication Cell was created and sanctioned which was surrendered vide order dated 25.02.2006 and as per present status also no post of Deputy Director is sanctioned or available in the respondent SCERT, therefore, it is ample clear that the petitioner is posted by way of deputation in respondent SCERT in the post of Deputy Director without there being any post of Deputy Director sanctioned or available in respondent SCERT.

5. Learned counsel for the petitioner would submit that the concept of deputation is consensual and involves a voluntary decision of the employer to lend the services of his employee and a corresponding acceptance of such services by the borrowing employer. It also involves the consent of the employee to go on deputation or not the parent department of petitioner is School Education Department of Chhattisgarh and he is posted in cadre post of Deputy Director whereas respondent SCERT is foreign department/council outside the cadre of petitioner, therefore, before sending petitioner on deputation in respondent SCERT consent of petitioner is necessary but no consent has been obtained before passing the impugned order dated 11.03.2024 and would pray for quashing of the impugned orders.

6. To substantiate his submission, he would refer to the judgment rendered by Hon'ble the Supreme Court whereby the law is well settled that without consent employee cannot be sent on d