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2015 Supreme(MP) 144

SUJOY PAUL
Malkhan Singh – Appellant
Versus
State of M. P. – Respondent


Advocates:
Devendra Sharma for petitioners; Praveen Newaskar, Deputy Government Advocate for respondent/State.

ORDER

1. Learned counsel for the parties stated that these matters are identical in nature and, therefore, may be heard analogously. On the joint request, matters were heard analogously.

2. The singular question needs to be decided in this batch of petitions is whether the action of the respondents in sending the petitioners on deputation without obtaining their consent is permissible and legal ?

3. Petitioners are Constables working in 13th Battalion, Special Armed Force (SAF) Gwalior. They are sent on deputation for three years to State Industrial Security Force (SISF). This order dated 20.2.2014 is called in question in this batch of petitions.

4. Shri Sharma, learned counsel for the petitioners submits that the petitioners have been sent on deputation without obtaining their consent, which is not permissible. He submits that as per communication dated 19.12.2013 (Annexure P-3) and 3.9.2014, the employees can be sent on deputation provided they have given consent for the same. Reliance is placed by Shri Sharma on 2010(III) MPWN 56=2010(3) MPLJ 452 (Rajaram v. State of M.P.) and another judgment, reported in the same volume at page 401 (K.P.Bhalse v. State of M.P.). In addition, he














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