An employee on deputation does not acquire a right to be absorbed into the borrowing department based solely on length of service. Without a specific statutory provision enabling permanent transfer, such employees remain subject to repatriation to their parent cadre upon the completion of their tenure.

COMMON ORDER:

Since the lis in these writ petitions is one and the same, they are analogously heard together and are taken up for disposal by way of this common order.

2. These Writ Petitions are filed seeking to declare the repatriation orders dated 24.11.2025 issued by respondent No.2, and the consequential relieving order dated 29.11.2025, issued by respondent No.3, as illegal, arbitrary, unjust, and violative of Articles 14 and 16 of the Constitution of India, and consequently, to set aside the said orders, with a further direction to the respondents to continue the petitioners in service at the office of respondent No.3 with all consequential service and monetary benefits.

3. Heard Sri Pratap Narayan Sanghi, learned Senior Counsel, and Sri Poodattu Amarender, learned counsel appearing for the petitioners, and learned Government Pleader for Services-I, appearing on behalf of the respondents. For the purpose of convenience, the petitioner in W.P.No.36885 of 2025 is hereinafter referred to as petitioner No.1 and the petitioner in W.P.No.36889 of 2025 as petitioner No.2.

4. Learned counsel for the petitioners submit that petitioner No.1 was initially appointed as a Secondary Grade Teacher on 26.10.1998, in the erstwhile Karimnagar District through the District Selection Committee after due process of selection, and was later promoted as School Assistant (English) on 03.03.2006. Petitioner No.2 was also appointed as a Secondary Grade Teacher on 14.08.1998 in the erstwhile Adilabad District through the District Selection Committee and was also promoted as School Assistant (Physical Science) on 20.10.2002. It is submitted that petitioner No.1 was deputed as Program Officer in the office of respondent No.3 on terms of foreign service, in accordance with G.O.(P).No.10 dated 22.10.1993, and she joined duty as such on 21.10.2010. Thereafter, the Government issued G.O.Rt.No.813 dated 11.11.2011, appointing her by way of transfer as School Guidance and Counselor in the office of respondent No.3, in accordance with the statutory rules issued under G.O.Ms.No.538 dated 20.11.1998, which govern the appointments in SCERT. Similarly, petitioner No.2 was initially deputed to the office of respondent No.3 on 26.02.2007 but she was repatriated to her parent unit vide proceedings dated 05.07.2008. Subsequently, she was also appointed by way of transfer as Science Supervisor in the office of respondent No.3 vide G.O.Rt.No.462 dated 08.07.2008, in accordance with the aforesaid G.O.Ms.No.538 dated 20.11.1998.

5. It is further submitted that consequent upon bifurcation of the State on 01.06.2016, the posts were distributed among both the State in 58:42 ratio, and the petitioners herein were allocated to the State of Telangana, and their working units were shown as Director of SCERT, Telangana State, and they have continued discharging their duties. However, on 23.01.2024 and 25.01.2024, the Government issued orders, instructing respondent No.3 to cancel certain deputations and to repatriate the staff working under his control. Accordingly, after thorough verification of records, respondent No.2 furnished a detailed report to the Government vide letter dated 27.01.2024, clearly stating that the petitioners were working in the office of respondent No.3 by way of appointment by transfer in regular and existing vacancies, and requested the Government to issue appropriate orders in the matter. However, no orders have been passed by