Point of Law: An employee cannot join parent department until and unless he is relieved by department, wherein he was on deputation.

ORDER :

1. This writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs :

“It is, therefore, most humbly and respectfully prayed that your Lordship may kindly be pleased to allow this writ petition and by an appropriate writ, order or directions, the respondents may kindly be directed:-

(i) to quash and set aside communication dated 06/02/2019 (Annex.10) and order dated 26/02/2019 (Annex.11) qua petitioner.

(ii) to grant the proforma promotion to the post of Principal pursuant to order dated 16/07/2015 (Annex.5) from the date of granted to similarly situated employees;

(iii) to pay the difference amount payable from the date of grant of proforma promotion to the post of Principal alongwith interest @ 12% p.a.

(iv) any other appropriate writ, order or direction, which this Hon’ble Court may deem fit and appropriate in favour of the petitioner may also kindly be passed in the interest of justice; and

(v) cost of litigation may kindly be ordered to be awarded in favour of the petitioner.”

2. Brief facts of the case, as placed before this Court by learned counsel for the petitioner, are that the petitioner was initially appointed on the post of Senior Teacher Grade–II vide order dated 22.09.1988; thereafter, he was appointed on the post of School Lecturer vide order dated 07.08.1990. The petitioner appeared in the selection process for the post of Education Extension Officer and he declared successful vide order dated 05.08.1995. Thereafter, he was selected as Block Development Officer (BDO) at Panchayat Samiti Piprali on deputation for a period of 3 years vide order dated 26.07.1999 and the same was extended time to time.

2.1. Thereafter, the petitioner was promoted on the post of Principal against the vacant post for the year 2015-16, and ordered to be posted at Senior Secondary School, Kanchola by the respondent-Directorate of Secondary Education vide order dated 16.07.2015. On pursuance of said order, the petitioner vide communication dated 17.07.2015 requested the respondents to grant him the proforma promotion because he was working on deputation on the post of BDO at Panchayat Samiti Hindoli, Bundi. The Department of Panchayati Raj vide communication dated 26.08.2015 also informed the respondent-Directorate of Secondary Education that at present many seats of BDO are lying vacant, and therefore, requested to grant the proforma promotion to the petitioner.

2.2. Thereafter, the respondent-Directorate of Secondary Education gave proforma promotion to some other persons who were also working as BDO on deputation, but the petitioner was not considered for the same and his place of posting was changed vide order dated 10.08.2015 by the respondent. The respondent-Directorate of Secondary Education however, vide the impugned order dated 06.02.2019, after more than three years from the date of promotion of the petitioner, cancelled the said promotion order dated 16.07.2015 of the petitioner, on the ground that the petitioner did not join the promotional post.

2.3. The respondent-Directorate of Secondary Education vide order dated 26.02.2019, forwarded the name of the petitioner to the Department Promotion Committee (DPC) for considering his case for promotion afresh on the post of Principal against vacancy for the year 2018-19.

3. Learned counsel for the petitioner submits that the Department of Panchayati Raj vide communication dated 26.08.2015 informed the respondent-Directorate of Secondary Education that at present many posts of BDO are lying vacant, and therefore, requested to grant the proforma promotion to the petitioner, but the respondent-Directorate of Secondary Education cancelled the petitioner’s promotion, which is unsustainable in the eye of law.

4. Learned counsel for the petitioner further submits that an employee cannot join the parent department until and unless he is r