SRI. VENUGOPALA M. Vs. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, THE COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE AND THE MANAGING DIRECTOR, KARNATAKA STATE FINANCE CORPORATION

JUDGEMENT

(1.) THIS writ petition is directed against the order of repatriation dated 30th April 2012 produced at Annexure 'Q' wherein the petitioner has been repatriated to parent department with effect from 31st July 2012. The facts leading up to this case are:

(2.) THE contention of the learned counsel for the petitioner is that in view of the scheme framed by the Government dated 11.11.2011, the minimum period of deputation is 3 years and as such, the petitioner, who has been on deputation from 01.07.2011 has to be continued till the expiry of the period of three years. However, contrary to the guidelines, the impugned order of repatriation has been passed.

(3.) ON the other hand, the learned Government Pleader submitted that the petitioner is on deputation from 2007 till july 2012. Though there were some orders of repatriation, the same were recalled and one way or the other, the deputation of the petitioner has been continued. Even according to Annexure 'E' dated 04.08.2010, petitioner was deputed only for a period of two years and as such, as on 31st July 2012, the petitioner had completed more than three years of service. Alternatively, the Government Pleader also submitted that in case of deputation, the guidelines fix the upper limit of three years as the Government had noticed several of the employees, who were on deputation were continued for a longer period in the deputation post. In these circumstances, the policy was evolved to fix the upper limit as three years and the same cannot be construed as lower limit.