The High Court of Rajasthan, dismissing the State's contention, allowed multiple writ petitions by employees challenging an order sending them on deputation without consent. The court held that deputation requires employee consent, relying on a coordinate bench.
Writ petitions allowed; impugned order dated 27.7.2012 quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL WRIT PETITION NO.8390/2013
(Abdul Jameel Khan Vs. State of Rajasthan & Ors.)
AND
S.B. CIVIL WRIT PETITION NO.12996/2012 (Girraj Sharan Katara Vs. State of Rajasthan & Ors.)
AND
S.B. CIVIL WRIT PETITION NO.16874/2012 (Shaukat Ali Khan Vs. State of Rajasthan & Ors.)
AND
S.B. CIVIL WRIT PETITION NO.8989/2013 (Ramchander Saini Vs. State of Rajasthan & Ors.)
AND
S.B. CIVIL WRIT PETITION NO.15119/2012
(Ayodhya Prasad Vs. State of Rajasthan & Ors.)
AND
S.B. CIVIL WRIT PETITION NO.14569/2012 (Bhagavati Prasad & Anr Vs. State of Rajasthan & Ors.)
AND
S.B. CIVIL WRIT PETITION NO.14570/2012 (Shiv Kumar Vijay & Anr. Vs. State of Rajasthan & Ors.)
Date of Order : 19th December, 2013
HON'BLE MR. JUSTICE M.N. BHANDARI
Mr.Anil Upman ] Mr.B.M.Sharma ] Mr.Ashok Kumar Bansal ], for the petitioner/s. Mr.Pradeep Kalwania, Addl. GC. Dr.R.K.Sharma ] Mr.Sudeep Mathur for Mr.Inderjeet Singh, for the respondent/s.
BY THE COURT:
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As Agreed between the parties, the writ petitions are decided at this
stage.
The challenge made by the petitioner/s is to the order dated 27.7.2012 whereby they have been sent on deputation. It is stated that petitioners cannot be sent on deputation without their consent. It is also submitted that there is no rule to the effect that a person working in the respondent Department can be sent on deputation. In support of their submission, they have placed reliance on his case of Smt. Jyoti Sharma Vs.State of Raj.& ors.,(SB Civil Writ Petition No.11206/2012)decided on 4.10.2012.
So far as the controversy involved herein stands decided by the coordinate Bench in the case of Smt. Jyoti Sharma (supra) is concerned, the same has not been controverted by the other side.
Accordingly, the writ petitions are allowed. The impugned order dated 27.07.2012 and any order in furtherance thereof is quashed and set aside. There shall be no order as to costs. Stay applications are also disposed of.
(M.N. BHANDARI), J.
Preety, Jr.P.A.
All cor r ect ion s m ade in t h e j u d gm en t / or d er h av e been in cor por at ed in t h e j u dgm en t / or der bein g em ailed.
Pr eet y Asop a Jr .P.A.
1 issue framed by the court
Whether workmen can be sent on deputation to another department without their consent.
Colour shows how this judgement treated each authority
Smt. Jyoti SharmaFollowed¶25
Smt. Jyoti Sharma Vs. State of Raj. & ors., (SB Civil Writ Petition No. 11206/2012) decided on 4.10.2012
1 provisions across 1 enactments
Abdul Jameel Khan and others
State of Rajasthan and others
M.N. Bhandari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
