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.

JUDGMENT :

J.J. MUNIR, J.

1. This judgment will decide the present writ petition and connected Writ (A) No. 11275 of 2023. There are common questions of fact and law involved in both the writ petitions, and, therefore, the two have been heard together, with Writ (A) No. 11275 of 2023 being treated the leading case. The facts, therefore, will be noticed from the record of Writ (A) No. 11275 of 2023, where affidavits have been exchanged.

2. An advertisement was issued by the Director, Local Bodies, U.P. Lucknow dated 20th December, 2018, acting on a letter of the Government, bearing No. 3591@9&4&18&50 t@17 VhŒlhŒ fnukad 05-11-2018 advertising posts of Assistant Commissioner/ Executive Engineer Class-1/Deputy Secretary, Development Authority, Executive Engineer Class-2, Executive Engineer Class-3, besides Executive Officer, Nagar Panchayat, being 22, 13, 16 and 107 posts, in that order. The advertisement said that in public interest, the aforesaid posts would be filled up from amongst officials working under the Government on the basis of deputation against each of the four categories of posts. The pay-scale and the relative essential qualifications for a direct recruit were indicated. The advertisement indicated further eligibility qualifications that a government servant working in one or the other department, must possess in order to be appointed on deputation to one or the other of the posts advertised. It was also stipulated that the appointment would be valid till a regular arrangement was made or for a period of one year, whichever is earlier. The other matters mentioned in the advertisement may not be of much consequence.

3. The petitioners, who are fourteen in number in the leading writ petition, have come up with a case that each of them are holding permanent substantive posts under the Government in one department or the other, and that all of them are eligible. The petitioners, accordingly, applied in response to the advertisement for consideration of their candidature for the posts of Executive Officers, Nagar Panchayat on deputation. Each of the petitioners, being eligible, were called to interview and they faced the selection committee appointed for the purpose. Each of them were selected for appointment.

4. It is common ground that the petitioners selected for the positions of Executive Officer, Nagar Panchayat were granted appointment by means of appointment orders dated 31.01.2019, 26.02.2019 and 09.03.2019. The orders of appointment granted appointment on deputation for a period of one year till a regular arrangement was made. Pursuant to the orders of appointment, each of the petitioners joined immediately and have been working as Executive Officers, Nagar Panchayat at different places. The dates of joining of each of the petitioners are indicated in Paragraph No. 17 of the writ petition, which all lie in the months of January to March, 2019. The petitioners say that subsequent to their joining on the post of Executive officer, Nagar Panchayat on deputation, they have been transferred from one place to another and served also at stations of transfer, different from the Local Body to which they were appointed or, so to speak, initially posted. The current places of posting of each of the fourteen petitioners are pleaded in Paragraph No. 19 of the writ petition, but no gainful purpose would be served by enumerating all those details.

5. It is the petitioners’ case that their work and conduct is satisfactory. There is no cause for complaint to the Local Bodies concerned, wherever they have served. The case of the petitioners further is that there is large vacancy in the cadre of the Executive Officer, Nagar Panchayat in the State. It is averred in Paragraph No. 21 that apart from the posts, against which officers appointed pursuant to the advertisement dated 20th December, 2018, are working on deputation, there is a vacancy of 200 posts of Executive Officers in different Nagar Panchayat of the State, which continue to