Samapti Chatterjee, J. - (1.) The following issue is to be determined:- (a) Whether a permanent employee can be posted on deputation without his/her consent to some other department
(2.) The case of the petitioner in nutshell is as follows:- On 30th June, 1994 petitioner was initially appointed on compassionate ground after the death of her husband as a Junior Clerk in Basumati Corporation Limited at Siliguri and was thereafter posted at Kolkata Head Office. On 29th September, 2014 Principal Secretary Information and Cultural Affairs Department Government of West Bengal issued the impugned order of transfer on deputation thereby directing the petitioner to carry out her work on deputation basis under the department of Information and Cultural Affairs Department, Nabanna. On 9th October, 2014 the Managing Director of the Basumati Corporation Ltd. issued the impugned release order thereby directing the petitioner to join Information and Cultural Affairs Department, Government of West Bengal. It was also mentioned in the said impugned order that petitioner will draw salaries from original place of posting i.e. from the said corporation. Feeling aggrieved by the impugned order the petitioner filed the present writ petition.
(3.) Mr. Srijib Chakraborty, learned Advocate appearing for the petitioner submitted that as per the service jurisprudence petitioner is liable to be transferred from one department to other department to the same post but the petitioner was never appointed in the department of Information and Cultural Affairs. Petitioner was appointed under Basumati Corporation Ltd on compassionate ground. Thereafter she was transferred to Siliguri Branch and again from Siliguri she was taken to head office at Kolkata. Therefore, in any event petitioner shall not be directed to join on deputation to a completely separate establishment without her consent.;