MP HC | Order of repatriation set aside where petitioner after due selection was appointed on deputation

Madhya Pradesh High Court: This petition was filed before the Bench of Subodh Abhyankar, J. by the petitioner who was working on deputation against the order whereby his services were repatriated to the parent department.

Petitioner challenged the impugned order on the ground that the nature of deputation in the instant case was different from the normal transfer on deputation. It was only after selection of petitioner that he was appointed on deputation. Thus, petitioner could not have been repatriated.

Petitioner submitted that the instant petition filed was covered under the decision passed in the case of Ram Avtar Singh v. State of M.P., WP No.13505 of 2018, where the impugned order of repatriation was set aside and Court made clear that the order would not come in the way of respondents to repatriate petitioners in accordance with law.

High Court in the facts and circumstances of the case set aside the impugned order of repatriation in the light of the order passed in the aforementioned case and since impugned order of repatriation was quashed petitioner was allowed to work at his deputation. Therefore, this petition was allowed. [Rajendra Prasad Nayak v. State of M.P., 2019 SCC OnLine MP 258, dated 14-02-2019]

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