Disposed¶26

Gulabdas Mahant v. State of Chhattisgarh

Chhattisgarh HC24 Jun 2024WPS/2698/2023

Case brief

AI extract

What is this about?

Chhattisgarh HC Bilaspur, WPS No. 2698 of 2023, Justice Narendra Kumar Vyas, 25.06.2024 - Gulabdas Mahant v. State of Chhattisgarh - deputation; Block Resource Coordinator, Block Podiuproda, Korba; Collector's posting order 12.04.2023 replacing deputationist with respondent Bharat Lal Kurre (Lecturer, Govt. High School Pali); deputation order 04.02.2022 (two years); no right to remain on deputation post as of right; parent department/borrowing department consent; interim order 25.04.2023 vacated; writ petition disposed, no relief. Keywords: deputation, transfer/posting, Block Resource Coordinator, Samagra Shiksha, service matter.

What did the court decide?

None to the petitioner; the interim protection granted on 25.04.2023 was vacated and the writ petition was disposed of without quashing the impugned order. ¶26

Gulabdas Mahant Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

None to the petitioner; the interim protection granted on 25.04.2023 was vacated and the writ petition was disposed of without quashing the impugned order.

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Issue for consideration

Whether the petitioner, sent on deputation for two years vide order dated 04.02.2022, could lawfully be replaced on the deputation post (Block Resource Coordinator) by respondent No. 5 through the Collector's order dated 12.04.2023, and whether that impugned order should be quashed.

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Ratio / Principle

An employee on deputation cannot claim to continue on the deputation post as a matter of right; continuation of the deputation period is a matter between the parent department and the borrowing department, and here no consent had been sent from the parent department to the borrowing department to continue the petitioner's deputation period.

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Key takeaways

The impugned order dated 12.04.2023 is just and proper and does not warrant any interference by this Court.ratio¶25

Detailed headnote1 paragraphs

Writ Petition (WPS No. 2698 of 2023), High Court of Chhattisgarh, Bilaspur; single Bench of Justice Narendra Kumar Vyas; decided 25.06.2024. The petitioner (Gulabdas Mahant), serving as Block Resource Coordinator, Block Podiuproda, District Korba on a two-year deputation commenced by order dated 04.02.2022, challenged the Collector's order dated 12.04.2023 (Annexure P/1) posting respondent No. 5 (Bharat Lal Kurre, Lecturer, Govt. High School Pali) in his place before the expiry of the two-year period. The Court held that an employee on deputation cannot claim continuation on the deputation post as a matter of right; the deputation period lies between the parent department and the borrowing department, and no consent had been sent by the parent department to extend the petitioner's deputation. Finding the impugned order just and proper, the Court vacated its interim protection of 25.04.2023 and disposed of the petition without quashing the order. No statute or judicial precedent is cited in the judgment.

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Page 1 of 2

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 2698 of 2023

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Gulabdas Mahant S/o Balwant Das Aged About 49 Years R/o Village Gajra, P. S. Banki Mongra, District : Korba, Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya Atal Nagar Naya Raipur, District : Raipur, Chhattisgarh

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Chief Executive Officer Jila Panchayat Korba, District : Korba, Chhattisgarh

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District Education Officer Korba, District : Korba, Chhattisgarh

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Collector Korba Cum- District- Mission Director, Samagra Shiksha Korba, District : Korba, Chhattisgarh

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Bharat Lal Kurre Lecturer Govt. High School Pali, Block Podi Uproda, District : Korba, Chhattisgarh

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Block Education Officer Block Podi- Uproda, District : Korba, Chhattisgarh

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---- Respondents

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For Petitioner	:	Mr. Sushobhit Singh, Advocate.
For State	:	Mr. Abhishek Gupta, Panel Lawyer.
For Res. No. 5	:	Mr. S.C. Verma, Sr. Advocate with Mr. Somkant Verma, Advocate.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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25.06.2024

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This petition has been filed by the petitioner assailing order dated 12.04.2023 (Annexure P/1) issued by the Collector by which respondent No. 5 who is working as Lecturer at Govt. High School Pali, Block- Podiuproda, District- Korba (C.G.) has been posted in place of the petitioner as Block Resource Coordinator, Block- Podiuproda, District- Korba (C.G.).

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Learned counsel for the petitioner would submit that the petitioner was sent on deputation for two years vide order dated

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Page 2 of 2

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04.02.2022, therefore, he should be allowed to work for two years, therefore, posting of respondent No. 5 in place of the petitioner is illegal and would pray for quashing of the impugned order dated 12.04.2023 (Annexure P/1).

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This Court while hearing the matter, has granted interim protection in favour of the petitioner vide order dated 25.04.2023 staying the effect and operation of the impugned order dated 12.04.2023.

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Record of the case would show that in pursuance of the interim order passed by this Court on 25.04.2023, the petitioner is continued on the deputation post and now he has completed more than two years, therefore, minimum period required as per the deputation order dated 04.02.2022 has already expired.

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It is well settled position of law that the employee who is on deputation cannot claim to continue on deputation period as a matter of right, it is between the parent department and the borrowing department and no consent has been sent from the parent department to the borrowing department to continue the deputation period of the petitioner, therefore, no fruitful purpose will be served in continuing the petitioner in the deputation place. As such, the impugned order is just and proper and does not warrant any interference by this Court.

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Accordingly, the instant writ petition is disposed of. The interim order passed by this Court on 25.04.2023 is vacated.

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Sd/-

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(Narendra Kumar Vyas)

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Judge

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Arun

Gulabdas Mahant v. State of Chhattisgarh

Case brief

What is this about?

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Gulabdas Mahant v. State of Chhattisgarh

Case brief

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