Once absorbed in borrowing deptt, an employee cannot be repatriated: HC

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Srinagar, Jul 26: The High Court of J&K and Ladakh has held that an employee on deputation once absorbed in the borrowing department  with his lien in the parent department terminated, cannot be repatriated. 

In the petitions, the moot question for consideration before the court was whether an employee after his permanent absorption in the borrowing department and after termination of his lien in the parent organization could be repatriated to his parent organization after 21 years.

While allowing two pleas against repatriation of an employee to J&K State Forest Corporation (JK SFC) from State Road Transport Corporation (JKSRTC), a Bench of Justice Wasim Sadiq Nargal held that the employee can’t be repatriated to the parent organization. 

“Rule 37-A to 37-J of the Civil Services Regulations deal inter-alia with acquisition, suspension and termination of lien,” the court said, adding, “As per Rule 37-A of Civil Services Regulations, it is clear that Government servant shall acquire a lien on a post on his substantive appointment to a permanent post.”

In his plea, the petitioner had stated that he was appointed as Helper in J&K State Forest Corporation in 1996 and was sent on deputation in the office of then Minister of Food Supplies and Transport for his further duty on 20.01.1997. On the strength of this communication, he had started working as Junior Assistant in the office of the Chairman JKSRTC.

“Since the consent was given by the State Forest Corporation of the permanent absorption of the petitioner and once the lien of a employee on a particular post comes to an end, it cannot be revived,” the court said, adding, “Thus, the legal position which emerges in the present case that once an employee on deputation is absorbed in the borrowing department/organization and his lien in the parent department/organization stood terminated, his subsequent repatriation will be dehors the service rules and Civil Services Regulations and is not sustainable in the eyes of law being illegal.”

Subsequently, the court held an order, whereby the petitioner has been ordered to be sent back to the State Forest Corporation, as “dehors the rules and the illegal”.

The court also directed authorities to release the wages of the petitioner from November, 2018 to November, 2022 and also treat him as permanent employee of J&K SRTC.

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