M KEMPEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These appeals are filed by the appellants, who are Officers with the Karnataka State Financial Corporation ('KSFC', for short) on deputation with Bruhat Bengaluru Mahanagara Palike (the respondent No.2). The appellants have filed Writ Petition Nos.39744-749 of 2018, calling in question the Order dated 3.9.2018 ("impugned repatriation order", for short) issued by the respondent No.1 repatriating the appellants to their parent department, KSFC. The Writ Court dismissed these Writ petitions by the impugned order dated 06.09.2018 at the stage of preliminary hearing.

(2.) The Writ Court has dismissed the writ petitions taking note of the fact that most of the appellants have been on deputation for over four years, and some of them have been on deputation for over eight years. The Writ Court has held that a deputationist cannot assert a vested right to continue on deputation with the borrowing department. Further, the Writ Court has concluded that the Government Circular dated 15.1.1977, for prior consultation between the lending and the borrowing departments before deputation or repatriation, is issued only as a communication.

(3.) Mr. M.S. Bhagawat, the learned counsel for the appellants urged the following grounds in support of the appeal: