KRISHNA KUMAR SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) By this common judgment W.P.(C) Nos. 118/2000 and 119/2000 are proposed to be disposed of since they involve common question of law.

(2.) The question to be answered in these petitions is whether an employee of a department has any indefeasible right to insist for his release on deputation to any other department.

(3.) Before the question is taken up for discussion, it would be necessary to place on record the facts of both the cases. The writ petitioners are working as Engineers in Border Roads Task Force, in short the GREF. By an order passed on 16.8.2000, this court directed the respondents to grant permission/no objection certificate to the petitioners for deputation/outside employment within a period of one month. The respondents complied with the aforesaid order and eventually the writ petitioners have been appointed. When the time came for their release from the GREF, objections have been raised on the ground that there is deficiency in the cadre strength and as such, the writ petitioners cannot be spared for deputation.