STATE OF KARNATAKA Vs. MADHU KUMAR M H

JUDGEMENT

(1.) State and its official are knocking at the doors of Writ Court for assailing the Karnataka State Administrative Tribunal's order dtd. 9/8/2024, whereby, the first respondent's Application No. 2860/2024 having been favoured, a direction has been issued to the first petitioner to consider employee's representation for permission to go on deputation for higher studies, in the light of second petitioner's recommendation in the light of Rules under KCSR Appendix II-A. The Tribunal has prescribed a period of two weeks for accomplishing the mandate.

(2.) FOUNDATIONAL FACTS OF THE CASE:

(3.) Learned AGA appearing for the petitioners vehemently argues that deputation of any kind in general and deputation for educational purpose in particular cannot be claimed as a matter of right; in any circumstance, a civil servant cannot say that even during deputation, he should be paid the salary, though he does not work during the said period; deputation for educational purpose is permissible only if there is an equivalent post in which 'additionally educated/qualified' civil servant can be accommodated; after making value addition at the cost of public exchequer, if the civil servant quits the public employment and goes in search of greener pasturage, it will be a drain on the public money. She argues that all these aspects having not been properly considered by the Tribunal, its order is liable to be voided. Learned counsel appearing for the private respondents resists the petition making submission in justification of the impugned order and the reasons on which it has been structured. He draws our attention to the Appendix-II-A of KCSR in reply to the submission of learned AGA and seeks dismissal of the petition.