T R SADOTRA Vs. STATE OF J&K
LAWS(J&K)-1982-12-7
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 23,1982

T R Sadotra Appellant
VERSUS
STATE OF JANDK Respondents

JUDGEMENT

- (1.) THE petitioner is working as an Assistant Engineer in the power Development Department of the State. By the impugned order, he has been sent on deputation for a period of two years to Salal Hydro Electric power project, which is a project under the management and control of the Central Government.
(2.) THE other day when the matter was argued before me, counsel for the petitioner challenged the order on the ground that there were no rules providing for the deputation of the employees of the State Government to non -government organization or to the Central Government or to the other State Governments. I had a faint idea that there were definite rules on the subject and as such I had adjourned the case for today to make a search for the rules. Fortunately I have been able to lay my hands on the relevant rules the said rules have been sanctioned vide SRO 420 dated 3 -8 -1979. To -day I invited the attention of the counsel for the petitioner to these rules and gave him opportunity to further argue the matter. Faced with these rules, he shifted his stand and argued that the deputation of the petitioner was otherwise invalid.
(3.) BEFORE dealing with his arguments, it will be pertinent to note that vide SRO 420 dated 3 -8 -1979, Articles 52 b, 52 c and 52 d were inserted in the Jammu and Kashmir Civil Services Regulations in order to make comprehensive provisions in regard to the deputation of the employees of the State Government outside their parent organizations to non -government organizations as also to the Central Government and other State Governments. In accordance with Article 52 c of the Regulation the decision in the matter rests with the administrative department concerned and consequently the action of the State Government in sanctioning the deputation of the petitioner to Salal Hydro Electric power project, cannot be said to be without the authority of law. Counsel for the petitioner, however, invited my attention to Art. 37 i of the Regulations and contended that the petitioners deputation was invalid, being in violation of this Article. Relying on this Article, he urged that the petitioner could not be transferred on deputation except on his own request Article 37 i reads as under: "A competent authority may transfer a Govt servant from one post to another, provided that, except : - I/ -On account of inefficiency or misbehaviour or, 2/ - On his own request. a government servant shall not be transferred to or except in a case covered by Article 89. appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien had his lien not been suspended under Article 37 -C.";


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