IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT
Santanu Kumar Behera – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's repatriation to parent department (Para 1 , 2) |
| 2. arguments against the impugned order (Para 3) |
| 3. court's observations on deputation and natural justice (Para 4) |
JUDGMENT :
DIXIT KRISHNA SHRIPAD, J.
1. Petitioner is knocking at the doors of Writ Court for assailing the order dated 07.11.2025 issued by the District Education Officer-cum- DPC at Annexure-5, whereby he, along with four others, has been repatriated to the parent department.
2. For ease of understanding, the text of the impugned order is reproduced:
“OFFICE ORDER No.
5137 /Pdg./25/Date: 07/11/25
In pursuance of OSEPA Letter No. 12450, dated 30.00.2022 & Letter No.6040, dated 21.05.2022, and as per the approval of the Collector-cum-Chairman, Samagra Shiksha, Mayurbhanj, the following Level-IV Headmasters who are continuing as Cluster Resource Centre Coordinators (CRCCs) are hereby reverted back to their parent post of Headmaster, Level-IV with immediate effect.
| S l. No. | Block | Name of the CRCC | Present Place of Posting as CRCC |
| 1 | Rasgobindapur | Santanu Kumar Behera | Patharchatia |
| 2 | Bahalda | Barun Kumar Patra | Tarana |
| 3 | Bahalda | Rabi Narayan Sethi | Jharadihi |
| 4 | Jashipur | Dinesh Kumar Mohanta | Barehipani |
| 5 | Karanjia | Sujit Kumar Patra |
A deputationist lacks an indefeasible right to remain in a position, and authorities can recall employees based on service exigencies without breaching natural justice principles if no prejudice is c....
Deputationists do not have an indefeasible right to remain in the borrowing department permanently; repatriation to the parent department is justified after five years of service on deputation.
An employee on deputation does not have an indefeasible right to remain on deputation for the prescribed period and can be repatriated by the borrowing department at any time.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
In case of 'appointment on deputation', employer cannot claim employee has no right to continue till completion of deputation - Director's decision not to extend deputation must be based on evaluatio....
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