A deputationist has no vested right to continue on deputation or claim absorption without statutory backing; extension requires competent authority approval.

ORDER

Hon’ble Dr. Anand S. Khati, Member (A)

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-

"1. Allow the present Application in favour of the applicant seeking permanent absorption in the service of Respondent,

2. Pass an order directing the Respondent to absorb the Applicant in the permanent service of the Respondent,

3. Pass an order setting aside the Transfer Order dated 01.07.2022 and Relieving Order dated 01.07.2022 and also order dated 16.08.2022; and

4. Pass any such further order as this Hon’ble Court may deem fit in the interest of justice."

2. Learned counsel for the applicant drew our attention to the request of the applicant dated 08.04.2022 regarding extension of deputation for a period of another one year. By virtue of an Office Communication dated 13.05.2022, the respondents sent letter seeking NOC for extension of deputation for one year w.e.f. 15.06.2022 to 14.06.2023 in the Directorate of Education, Govt. of NCT of Delhi.

3. Learned counsel for the applicant submitted that School Education Department, Government of Haryana granted NOC for extension of deputation of the applicant in the service of Respondent No.2 vide letter dated 23.06.2022 for period between 15.06.2022 to 14.06.2023. He further contended that extension of deputation can be claimed as a matter of right. Once NOC has been granted, the Department is duty bound, who has sought deputation rather the applicant who is working under the deputation, to extend the deputation by virtue of the OM dated 17.02.2016, which reads as under:

“if the administrative Ministries/Department and other borrowing organizations wish to retain an officer beyond 05 years, they may extend tenure of deputation covered by OM No. 6/8/2009-Estt. (Pay-II) dated 17TH June 2010, where absolutely necessary in public interest, upto a period not exceeding 07 years at a stretch. This shall be done with the prior approval of the Minister of the borrowing Ministry/Department concerned and in respect of other organization with the approval of the Minister of borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilances clearance of the officer concerned, NOC of the lending authority, UPSC/ACC approval wherever applicable.”

4. Learned counsel for the applicant further stated that the competent authority has no alternative but to accept the NOC and extend the deputation period as such. He has challenged the impugned order dated 16.08.2022 (Annexure A2) on the ground that the impugned order so passed is cryptic and non-speaking order and does not even refer to the applicant’s representation as well as to the NOC which has been accorded thereto. For the sake of better appreciation, the impugned order dated 16.08.2022 is reproduced below:

“Whereas, Ms. Mukesh Kumari presently posted/working as Lecturer(Political Science) on deputation from School Education Department, Govt. of Haryana, Panchkula was relieved from Dte. of Education, GNCT of Delhi vide order No. DE.2(8)(11)/EII/ Deputation/2016/1257 dated 01/07/2022 with the direction to join her parent Department.

And whereas, Ms. Mukesh Kumari has submitted an application dated 04/07/2022 for cancellation of relieving order dated 01/07/2022 and extension of deputation period for another one year.

And whereas, the Competent Authority i.e. Hon'ble Lt. Governer, Delhi has not approved the extension of the deputation in respect of Ms. Mukesh Kumari, Lecturer (Political Science) in the Directorate of Education, GNCTD for the sixth year.

Now therefore, Ms. Mukes