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2000 DIGILAW 160 (JK)

Mohd. Deen (Dr. ) v. State

2000-08-11

SYED BASHIR-UD-DIN

body2000
Mr. Attar, not desirous to file reply/, counter even at this post admission stage. Heard. 1. Petitioner is not appearing to pursue and prosecute the case, after the case came before the motion Bench on 30-07-1996. He has not even appeared on last date of October 4, 1999. Though petitioner has not disclosed all the required bio-data of his service, yet even so, from record it appears that the petitioner is on the cadre of Chief Husbandry Department of the State Government and was on deputation with Desert Development Agency Leh and posted as Chief Project Officer there. It is alleged that under Order No. 383 dated: 18-06-1996, he has been reverted back to his parent Department. He has challenged this order, but strangely enough, not a copy of this order, is annexed to the writ petition. The order is not available on record. However, from annexure-A, it is seen that the petitioner has been reverted back to Sheep Husbandry Department on the cadre of Department he is born and is directed to report to Director Sheep and Husbandry Deptt. for further posting. 2. The reversion of a deputationist can be at any stage either by lending or borrowing department. A deputationist has no vested right to remain on the cadre of the borrowing department. Merely, because the petitioner was given higher pay by the borrowing department, does not render the order of reversion bad. There is nothing wrong in repatriation of the petitioner on the cadre post of his parent department, which he was holding in substantive position. In Kunal Kundan Vs. Union of India and another (2000 AIR SCW 1945), the Supreme Court has observed: - ....The basic principle underlying deputation itself is that the person concerned can always and at any time be repatriated to his parent department to serve in his substantive position therein at the instance of either of the departments and there is no vested right in such a person to continue for long on deputation or get absorbed in the department to which he had gone on deputation...� In result, the writ petition is dismissed. Interim direction, if any, shall stand vacated.