Hon'ble JAIN-I, J.—Heard finally with the consent of parties.

2. Petitioner has preferred this writ petition challenging the impugned order dated 21.02.2012 as well as order dated 03.05.2012, passed by the respondent-Rajasthan State Agriculture Marketing Board, Jaipur, whereby petitioner was ordered to be sent on deputation to the Rajasthan Elementary Education Council, Jaipur for a period of one year.

3. Submission of the learned counsel for petitioner is that petitioner has not given any consent for her deputation and without her consent, she could not be sent on deputation, therefore, impugned orders are contrary to the provisions of law and the same are liable to be quashed and set aside by this Court. In support of his submissions, learned counsel for petitioner relied upon the judgment of Hon'ble Apex Court in State of Punjab & Ors. vs. Inder Singh & Ors. etc., 1997(5) SLR (S.C.) 789 and the judgment of Co-ordinate Bench of this Court in Smt. Shashi Mehta vs. State of Rajasthan & Anr., 2006(9) RDD 4882 (Raj.).

4. Learned counsel for respondents opposed the writ petition and submitted that sending an employee on deputation is a policy matter of the respondents, therefore, no interference should be made in it.

5. I have considered the submissions of learned counsel for the parties.

6. The matter was listed yesterday in the Court and the Counsel for respondents was directed to show any statutory rule, governing the matter of deputation, but he is unable to produce any rule in this regard.

7. Hon'ble Apex Court in State of Punjab & Ors. vs. Inder Singh & Ors. (supra), in para 19, specifically held that there can be no deputation without the consent of the person so deputed and he would, therefore, know his rights and privileges in the deputation post. Para 19 of the judgment is reproduced as under:-

“19. Concept of “deputation” is well understood in service law and has a recognised meaning. 'Deputation' has a different connotation in service law and the dictionary meaning of the word 'deputation' is of no help. In simple words 'deputation' means service outside the cadre or outside the parent department. Deputation is deputing or transferring an employee to a post outside his cadre, that is to say, to another department on a temporary basis. After the expiry period of deputation the employee has to come back to his parent department to occupy the same position unless in the meanwhile he has earned promotion in his parent department as per Recruitment Rules. Whether the transfer is outside the normal field of deployment or not is decided by the authority who controls the service or post from which the employee is transferred. There can be no deputation without the consent of the person so deputed and he would, therefore, know his rights and privileges in the deputation post. The law on deputation and repatriation is quite settled as we have also seen in various judgments which we have referred to above. There is no escape for the respondents now to go back to their parent departments and working there as Constables or Head Constables as the case may be.”

8. This Court in Smt. Shashi Mehta vs. State of Rajasthan & Anr. (supra), considered the matter relating to deputation with the reference of Rules 141 and 142 of the Rajasthan Service Rules, 1951 and held that it is trite law that deputation is a tripartite consensual concept where consent of the lending department and the employee concerned is always a must. Para 6 of the judgment is reproduced as under:-

“6. It is trite law that deputation is a tripartite consensual concept where consent of the lending department, borrowing department and the employee concerned is always a must. In case, any of the three parties, refuses to consent for deputation, it cannot be materialized. In the present case, the petitioner was substantively appointed as Tea-cher Grade-II with the Respondent No.2, she had the liability to serve anywhere in the State within the Education Department as and when any

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