Rajasthan High Court - Jodhpur
Bhanwar Lal Sharma vs State Of Rajasthan on 6 September, 2022
Bench: Sandeep Mehta, Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 770/2022
Bhanwar Lal Sharma S/o Shri Satyanarayan Sharma, Aged About
48 Years, Sharma Sadan, Opposite Kapda Meel, Near Railway
Line, Sriganganagar, District Sriganganagar (Raj.).
----Appellant
Versus
1. State Of Rajasthan, Through The Secretary, Department
Of Education, Government Of Rajasthan, Jaipur,
Rajasthan.
2. The Director, Secondary Education, Bikaner, Rajasthan.
3. The State Project Director, Rajasthan State Education
Council, Dr. Radhakrishnan Shiksha Sankul, Eklavya
Bhawan, Jawahar Lal Nehru Marg, Opp. Ots Bridge,
Jaipur, Rajasthan.
4. The Additional State Project Director-I, Rajasthan State
Education Council, Dr. Radhakrishnan Shiksha Sankul,
Eklavya Bhawan Jawahar Lal Nehru Marg, Opp. Ots
Bridge, Jaipur, Rajasthan.
5. The Additional District Project Coordinator, Samagra
Shiksha, Government Girls Senior Secondary School,
Matka Chowk Campur, Sriganganagar, District
Sriganganagar, Rajasthan.
----Respondents
For Appellant(s) : Mr. Manoj Bhandari, Sr. Advocate with
Mr. Govind Suthar
For Respondent(s) : --
HON'BLE MR. JUSTICE SANDEEP MEHTA
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/09/2022
The present appeal is filed against the order dated
03.08.2022 passed by the learned Single Bench whereby, the
(2 of 4) [SAW-770/2022]
prayer to allow the appellant to work on the post of Assistant
Project Coordinator (hereinafter referred to as 'APC'), on
deputation in the Rajasthan State Education Council was rejected.
Briefly stated facts of the case are that the appellant while
working on the post of Principal in the Education Department
pursuant to Advertisement dated 19.02.2019, came to be selected
and appointed as APC, in a project named ' समग्र शिक्षा अभियान' run by
the Rajasthan State Education Council, on deputation. Initially,
vide order dated 28.02.2019 the appellant was appointed on
deputation in Rajasthan State Education Council for a period of
one year, however, the period of deputation was extended from
time to time. A policy decision dated 31.01.2022 was taken by the
respondents to the effect that all those working under 'Samagrah
Shiksha Abhiyaan', run by Rajasthan State Education Council
against four posts viz. Programme Officer, Resource Person,
Assistant Project Coordinator and Assistant Director, who have
completed 3 years or more on deputation shall be repatriated to
their original post/ parent department.
Learned counsel for the appellant while attacking the policy
decision vehemently submitted that the instructions issued under
Rule 144-A of the Rajasthan Service Rules, 1951 (RSR) clearly
stipulate that deputation can continue at least for 4 years. Since,
the appellant had not completed 4 years on deputation, therefore,
it would be unjustified to repatriate him to his original post/parent
department. It was further submitted that order of deputation
issued in favour of petitioner dated 28.02.2019 did not incorporate
any condition enunciating maximum years of service on
deputation. The only condition prevailing at that time was that a
deputationist can be repatriated to original post/parent
(3 of 4) [SAW-770/2022]
department on rendering unsatisfactory services. It was thus,
prayed that the appellant be allowed to work on deputation with
Rajasthan State Education Council.
The learned Single Bench in its judgment dated 03.08.2022
noted that a policy decision had been taken by the respondents
regarding repatriation of the employees working with Rajasthan
State Education Council, on deputation after 3 years of service or
more against 4 posts viz. Programme Officer, Resource Person,
Assistant Project Coordinator and Assistant Director. Therefore,
the policy decision having been taken after due consideration of
the relevant material does not call for interference.
Heard learned counsel for the appellant and perused the
material available on record.
Admittedly, the appellant is working on the post of Principal
in the Education Department. Pursuant to an advertisement dated
19.02.2019, the appellant after facing selection process was
appointed as APC, on deputation with Rajasthan State Education
Council. The appellant had completed more than 3 years of service
on deputation, therefore, he cannot resist repatriation to original
post/parent department. A person working on deputation doesn't
acquire an indefeasible right to continue working on deputation. It
is settled law that a deputationist can claim neither a right to the
post nor continuance /absorption on permanent basis to the post
against which he is working on deputation. The policy decision
dated 31.01.2022, to repatriate all those employees working on
deputation against the post of APC for 3 years or more to their
original post/parent department is neither unreasonable nor
arbitrary. The Hon'ble Supreme in the case of V. Sivamurthy Vs.
State of Andhra Pradesh & Ors. reported in (2008) 13 SCC
(4 of 4) [SAW-770/2022]
730 pleased to hold that matters of policy are within the domain
of the executive. A policy is not open to interference merely
because the court feels that it is not practicable or less
advantageous for government servants for whose benefit the
policy is made or because it considered that a more fairer
alternative is possible.
In the result, the appeal is dismissed.
No order as to costs.
(KULDEEP MATHUR),J (SANDEEP MEHTA),J
33-KshamaD/-
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