AKHILESH TIWARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE in this appeal under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is made to an order dated 19.11.2014 passed by the Writ Court in W.P. No. 14890/2014 by which the writ petition filed by the appellant has been rejected.

(2.) THE Writ Court has found that the petitioner is on deputation. A deputationist does not have any right to continue on the deputed post and therefore, on such consideration the order of repatriation has been upheld and the petition dismissed.

(3.) FACTS goes to indicate that the appellant was appointed as a Medical Officer in the year 1978 under the Health and Family Welfare Department, Government of Madhya Pradesh. He was posted in a remote area in the District of Bastar, now in the State of Chhatisgarh. Appellant was promoted as Medical Specialist in the year 2000 by his parent department namely, the Health and Family Welfare Department, Government of Madhya Pradesh. However vide an order dated 5.6.2000 the State Government sent the appellant on deputation to the Medical Education Department and on such deputation he was posted in the Government Medical College Hospital at Rewa. Appellant performed various duties in the Medical College at Rewa and while so working vide order dated 4.9.2014 the service of the appellant was repatriated to his parent department and he was posted in Civil Hospital, Teonthar, District Rewa. Challenging his repatriation, the writ petition was filed. It was the case of the appellant that Withdrawal of the appellant from deputation is illegal and certain administrative processes contemplated was said to be violated in the matter. That apart, it was also stated that along with the appellant or even prior to that, many employees identically situated have been sent on deputation to the Medical Education Department, they are still continuing but it is only the appellant and some other persons who have been singled out to be repatriated. Accordingly, making a case of discrimination on the said ground petition was filed. The learned Writ Court went into all these aspects in detail and after taking note of various judgments of Supreme Court in the case of Jawaharlal Nehru University Vs. Dr. K.S. Jaswatkar and others - : AIR 1989 SC 1577; State of Punjab and others Vs. Inder Singh and others - : (1997) 8 SCC 372; Kunal Nanda Vs. Union of India and another - : (2000)5 SCC 362; Managing Director, U.P. Rajkiya Nirman Nigam Vs. P.K. Bhatnagar and others - (2007)14 SCC 498 and State of Bihar and another Vs. Sunny Prakash and others - : (2013)3 SCC 559, came to the conclusion that a deputationist does not have any right to continue on the deputed post. He can be repatriated back to his parent department and it was held that no legally enforceable right accrues to the deputationist to continue on the deputed post. After having held so, the learned Court found that the petitioner has been rightly repatriated and even if there is some procedural error in the matter, once it is found that he is not entitled for continue on the deputed post learned Writ Court refused to interfere into the matter.