ANIL SURI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners in all these four petitions are employees either of the Government Department or Autonomous Institutions like J&K Khadi and Village Industries Board, Jammu and have been stated to be serving in the Transport Department on deputation after having been transferred/deputed by their parent departments. Having served in the department of Transport for years together, the petitioners claim that they have acquired an indefeasible right of being permanently absorbed in the Transport department and, therefore, cannot be repatriated to their parent departments. Since the grievance projected and the relief claimed in all these petitions are almost identical and have, therefore, been heard together and taken up for decision by a common judgment.

(2.) This petition has been filed by the two petitioners. The petitioner No. 1, a Junior Assistant in the Social Welfare Department of the State, was transferred to the office of Transport Commissioner, Jammu against the available vacancy vide Government Order No. 1564- GAD of 1997 dated 29.09.1997. The petitioner No. 2, a Supervisor of J&K Khadi and Village Industries Board, Jammu, was also similarly transferred and posted as Junior Assistant in the office of Regional Transport Organization, Jammu vide Government Order No. 186-GAD of 1994 dated 21st February, 1994. While the petitioners were performing their duties as Junior Assistants in the office of Transport Commissioner, Jammu and Regional Transport Officer, Jammu respectively, respondent No. 4 vide Government Order No. 1604-GAD of 2005 dated 27th December, 2005 directed the reversion of both the petitioners to their respective departments, i.e., Directorate of Social Welfare, Jammu and Khadi and Village Industries Board, Jammu respectively. Aggrieved, the petitioners assailed the validity of Government Order No. 1604-GAD of 2005 dated 27th December, 2005 through the medium of instant petition.

(3.) On behalf of the petitioners, it was submitted that since their transfer to the Transport department, the petitioners have been continuously performing their duties and their transfer was not by way of any deputation but an appointment by transfer and, therefore, they have acquired an indefeasible right to be treated as permanent employees of the Transport Department. It is thus submitted that the petitioners, who have become permanent employees of the Transport department, cannot be repatriated to their parent departments, more so, when their lien in the parent departments has since been terminated. Reference in this regard was invited to the Communication of Deputy Director (Adm.), Social Welfare Department, Jammu issued vide No. DSWJ/Estt/5487/03 dated 09.12.2003 and Communication of Secretary, J&K Khadi and Village Industries Board, Jammu issued vide No. KVIB/Adm/3828 dated 16th December, 2002, wherein the parent departments of both the petitioners have certified that the lien of the petitioners had been terminated from the date they were relieved from their respective departments.