B.P. Thakur vs The State Of Madhya Pradesh
2023 Latest Caselaw 15264 MP

                                                       1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                             AT JABALPUR
                                                     BEFORE
                                               JUSTICE SUJOY PAUL
                                         ON THE 15 th OF SEPTEMBER, 2023
                                          WRIT PETITION No. 22981 of 2023

                         BETWEEN:-
                         B.P. THAKUR S/O LATE SHRI PARAM SINGH, AGED
                         ABOUT 59 YEARS, OCCUPATION: PRINCIPAL, HIGHER
                         SECONDARY     SCHOOL   PUBLIC    INSTRUCTIONS
                         JABALPUR R/O 283 SHARDA NAGAR, PATAN ROAD
                         KARMETA GALI NO. 7 JABALPUR DISTRICT JABALPUR
                         (MADHYA PRADESH)

                                                                                .....PETITIONER
                         (BY SHRI BHUPENDRA KUMAR SHUKLA - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY SCHOOL EDUCATION
                               DEPARTMENT VALLABH BHAWAN BHOPAL
                               (MADHYA PRADESH)

                         2.    THE       UPSACHIV SCHOOL   EDUCATION
                               D EPARTM EN T VALLABH BHAWAN BHOPAL
                               (MADHYA PRADESH)

                         3.    THE   COMMISSIONER PUBLIC INSTRUCTION
                               DIRECTORATE OF MADHYA PRADESH BHOPAL
                               SATPUDA BHAWAN BHOPAL (MADHYA PRADESH)

                         4.    THE       COLLECTOR J A B A L P U R DISTRICT
                               JABALPUR (MADHYA PRADESH)

                         5.    THE JOINT DIRECTOR PUBLIC INSTRUCTIONS
                               J A B A L P U R DISTRICT JABALPUR (MADHYA
                               PRADESH)

                         6.    THE   D.E.O. J AB ALPUR DISTRICT   JABALPUR
                               (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                         (SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE)
Signature Not Verified
Signed by: MANJU
Signing time:
9/15/2023 4:53:24 PM
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                                This petition coming on for admission this day, th e court passed the
                         following:
                                                               ORDER

Heard.

2. The petitioner is aggrieved by order dated 23/08/2023 whereby he has been sent from borrowing department to his substantive post of Principal. Thus, its a case of repatriation of a deputationist.

3. Learned counsel for the petitioner submits that considering the physical disability of petitioner, the impugned order is bad in law.

4. Learned Government advocate opposed the prayer.

5. I find no legal ground to interfere in the impugned order in view of judgment of Supreme Court in Kunal Nanda Vs. Union of India & Another, (2000) 5 SCC 362. The relevant portion reads as under :-

"A deputationist can always and at any time be repatriated to his parent department, at the instance of either borrowing department or parent department. There is no vested right in such a person to continue for long on deputation or get absorbed in borrowing department."

(Emphasis supplied)

6. In the light of aforesaid, interference is declined. However, this order will not come in the way of the petitioner to prefer a detailed representation. In that event, respondent Nos.2/3 may consider and decide the representation in accordance with law expeditiously.

7. With the aforesaid, the Writ Petition is disposed of.

(SUJOY PAUL) Signature Not Verified Signed by: MANJU Signing time:

9/15/2023 4:53:24 PM

JUDGE manju

Signature Not Verified Signed by: MANJU Signing time:

9/15/2023 4:53:24 PM