An employee deemed to be on deputation in an autonomous body cannot accept employment without consent from the parent department.

ORDER/JUDGMENT – Shri N. K. Gupta, Senior Advocate with Shri D. P. Singh Counsel for the petitioner

Shri Ankur Mody, Addl. Advocate General for the respondents No. 1 and 2/State.

Shri M.P.S. Raghuvanshi, Advocate for the respondent No. 3.

Heard finally.

This petition under Article 226 of the Constitution of India has been filed against the order dated 7-11-2019 passed by respondents No. 1 and 2 by which the services of the petitioner have been sent on deputation to Medical College, Shahdol on the post Professor-cum-Head of Department (Pathology) with an additional charge of the post of In-charge Dean, Government Medical College, Satna.

2. The case of the petitioner in short is that G. R. Medical College, Gwalior is an Autonomous Society registered under the Societies Registrikaran Adhiniyam, 1973 (Adhiniyam 1973). The Society is under the Control of Directorate of Medical Education. The petitioner was initially appointed on the post of Demonstrator by order dated 11-7-1980. Thereafter, in the year 1984, he was appointed on the post of Ad-hoc Professor. The services of the petitioner were regularized in the year 1986. He was further promoted to the post of Professor on 16-5-2005. The petitioner was a Government Employee and after the institution was declared as autonomous body, the petitioner opted to remain in the Government Cadre and therefore, he was promoted by the State Government to the post of Professor-cum-HOD (pathology). It is the case of the petitioner that his services are governed by the Rules which are known as “Madhya Pradesh Shasi Chikitsa Mahavidyalaya Shekshanik Adarsh Niyam, 2018” (In short “Rules 2018”). It is the case of the petitioner that Rule 9 of Rules, 2018 relates to the deputation wherein clause 9.1 and 9.2 gives the power to the Working Committee for filling the posts by way of deputation. It is also claimed by the petitioner that his services can only be sent on deputation by taking consent of the employee after obtaining recommendations of Working Committee of the borrowing department as well as the Parent Department, however, no concurrence has been taken from the borrowing as well as Parent Department.

3. It is the case of the petitioner, that after, he opted for State Government, his services were deemed to be on deputation to G. R. Medical College, Gwalior. On 16-11-2018 the G. R. Medical College, Gwalior issued an advertisement for appointment on the post of C.E.O. Cum Dean and after obtaining due permission from Dean, G. R. Medical College, the petitioner also participated in the appointment process and got selected on the post of C.E.O.-cum-Dean of G. R. Medical College for a period of 5 years or till the age of superannuation, whichever is earlier and accordingly appointment order dated 5-12-2018 was issued. The petitioner assumed the charge of CEO-cum-Dean, G. R. Medical College on 5-12-2018. It is also claimed that the State Government created the pressure and the whatsapp message was also sent on 7-10-2019. It is submitted that by the impugned order dated 7-11-2019, the petitioner has been sent on deputation to Government Medical College, Shahdol on the post of Professor/H.O.D. Pathology Department with an additional charge of Dean, Government-Medical College, Satna and by the same order, he was relieved with immediate effect.

4. Challenging the impugned order dated 7-11-2019, it is submitted by the Counsel for the petitioner that the impugned order amounts to repatriation without completing the tenure of 5 years and the impugned order has also been passed, without assigning any reason. It is further submitted that the order dated 5-12-2018 (Annexure P/5) by which he was appointed on the post of C.E.O.- cum-Dean of G. R. Medical College, Gwalior has not been cancelled. The prior consent of the petitioner has also not been obtained prior to issuance of the impugned order. It is further submitted that the petitioner was appointed on the post of C.E.O.-cum-Dean, G. R. Medical College, Gwal