Madhya Pradesh High Court has held a deputationist has no right to continue on the post which he holds on deputation unless he can demonstrate that there is an enabling statutory provision.
With this the court declines interference and dismissed the petition, said the court order of October 31, 2022.
The petition was filed by 18 persons working either on the post of BRC (Block Resources Coordinator) or as APC (Assistant Project Coordinator) on deputation in districts including Balaghat, Seoni, Betul, Damoh, Katni and Jabalpur.
The petitioners hold different teaching posts on a substantive basis under the Public Instructions Department and sometime in 2011 were appointed on deputation to the posts of BRC and ACP.
The petitioners are aggrieved with certain conditions of the advertisement dated 19.07.2022 issued by the Rajya Shiksha Kendra Bhopal for post of BRC and APC where they are debarred from applying for these posts though they are working on deputation for last over 10 years.
The petitioner contended that the certain conditions of the advertisement is violative of Article 16 of Constitution of India.
Justice Sheel Nagu said it is settled principle of service jurisprudence that a person who is working on deputation has no right to continue as such and cannot raise a grievance on his repatriation to his parent department unless ground of malafide or violation of any statutory or constitutional provision is made out, the court order said.
Preventing the petitioners from being considered for the said posts will not deprive them of their services in parent department, the court order said.
The State is now trying to fill up the said posts vide impugned advertisement, but has excluded the petitioners from participating on the ground that persons working on this post since more than four years on deputation will not be considered unless there is a gap of two years from the expiry of the period of deputation, the court order said.
The State is attempting to open up the avenue of employment qua these posts for other persons and while doing so the petitioners have been debarred from participating, the court order said.
Ostensibly, it appears that the petitioners’ right to be considered for public employment under Article 16 of the Constitution is violated, but in reality, it is not so, the court order said.
The court reserved the order on the petition in September 21, 2022.
