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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Shashank Sachan – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Basic Education Lko. – Respondent
| Table of Content |
|---|
| 1. writ petitions connected for common judgment. (Para 1 , 2 , 3) |
| 2. petitioners challenge repatriation order and its applicability. (Para 4 , 8 , 9 , 10) |
| 3. petitioners appointed as assistant teachers, later selected as district coordinators. (Para 5 , 6 , 7) |
| 4. legal arguments regarding rights of deputationists. (Para 11 , 12 , 14) |
| 5. deputationists have no indefeasible right to remain in borrowing department. (Para 18 , 19 , 21) |
| 6. constitutional provisions regarding right to education. (Para 20 , 23 , 24) |
| 7. repatriation of deputationists is lawful and justified. (Para 26 , 28) |
| 8. writ petitions dismissed; interim orders vacated. (Para 29 , 30 , 31) |
JUDGMENT :
Rajesh Singh Chauhan, J.
1. These are the bunch of writ petitions, wherein Sri Sharad Pathak and Sri Pawan Kumar Pandey have argued on behalf of the petitioners, Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel has appeared on behalf of the State-opposite parties and Sri Sanjay Basin, learned Senior Advocate assisted by Sri Sarvesh Dubey and Shobhit Mohan Shukla for opposite party No.2.
2. In the aforesaid bunch of writ petitions the grievance of all the petitioners is one and the same, therefore, w
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.
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....
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....
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.
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
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