Vidyalaya on probation for two years all over India. Out of 340 deputationists, PGTSs, who were appointed on the post of Principal, about ... involved and once the borrowing department finds that service of the deputationists is no longer required, the employees is repatriated literally to his parent department
case (supra), the Honble Supreme Court held thus:
32. Ordinarily, a deputationist has no legal right to continue in the post. A deputationist indisputably ... parent service. When the tenure of deputation is specified, despite a deputationist not having an indefeasible right to hold the said post, ordinarily the term
1565/2005 Shri Udai Pal Singh, SA/G, PIS No. 109304, a deputationist Constable ( No. _434031), BSF is repatriated to his parent department and stands ... manner inconsistent with it, provision for absorption of deputationists shall be deemed to exist in the Rules.
6. The applicant has further stated that
contention of the learned Counsel is that when the tenure of a deputationist is specified in the deputation policy, applicant has indefeasible right to hold ... Para 10 wherein, the Central Government has reserved right to revert deputationist officers to their parent cadre, at any time without assigning any reason. Thus
contention of the respondents that the applicant was merely a deputationist, as such, he does not have a right to notice or prior intimation ... lending department. Since it is a tripartite agreement, premature repatriation of a deputationist is possible only after giving reasonable notice to the official as well
examined by a Full Bench :
(1) Is it a universal rule that deputationists are to be given seniority taking into full account the equivalent service ... decisions what could be the nature and extent of rights available to deputationists who ultimately come to be regularized in the new employment
tenure deputation can be prematurely terminated by an order simpliciter repatriating the deputationist to his parent organization?
(iii) Whether the repatriation of the applicant ... appointments. Therefore, when the tenure of deputation is specified, despite a deputationist not having an indefeasible right to hold the said post, ordinarily the term
situation arises for premature reversion to the parent cadre of a deputationist and the services could be so returned only after giving an advance notice ... Clause 9 of the same reads as follows:-
9. Premature reversion of deputationist to parent cadre. Normally, when an employee is appointed on deputation/ foreign
date of her absorption.
3. Later on, some of the similarly placed deputationists, namely, Dr. Snehal Bhave (supra), Dr. Sandhya Ranjan (supra) and Dr. Pankaj ... Roop Lal Vs. Lt. Governor 2000 (1) SCC 644, the deputationists are to be given seniority taking into full account the equivalent service rendered
view the above, it is recommended
that henceforth, no application of deputationist for
absorption in BoI/IB should be sent to
BoI/IB/Hqrs ... references above, Shri Upendra Kumar, JIO-II/G
(PIS No.141031), a deputationist CT/GD (No.
12 O.A. No.1148 of 2021
With