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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SAURABH SHYAM SHAMSHERY
Amit Kumar Gautam – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery,J.
1. Petitioner, an employee of Irrigation and Water Resource Department, was sent on deputation to U.P. Project Corporation Limited vide order dated 07.02.2024. For reference said order is reproduced hereinafter:
2. Petitioner has worked at U.P. Project Corporation Limited only for about one year and by means of impugned order dated 20.02.2025 he was repatriated to his parent department. Said order is also reproduced hereinafter:
3. Aforesaid order is impugned in present case. Sri Sandeep Kumar, learned counsel for petitioner, has made following arguments:
(i) Petitioner was appointed on deputation with U.P. Project Corporation Limited by an order issued on behalf of Governor of State for a period of three years, therefore, any order to repatriate him to his parent department could be passed only by State Government on behalf of Governor.
(ii) The borrowing department, i.e., U.P. Project Corporation Limited has no power to repatriate petitioner before the fixed period of three years.
(iii) If the veil is lifted there are certain allegations levelled against the petitioner which are also reflected in counter affidavit filed by respondents, therefore, im
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.
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.
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....
A deputationist has no vested right to continue on deputation and can be repatriated by following due procedures as per the DOPT guidelines.
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.
Deputationists do not have any inherent right of being considered for absorption in the borrowing department. The consent of both the departments for the same is a condition precedent.
The court ruled that repatriation during ongoing litigation violates interim orders, necessitating reinstatement.
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