M.N. Bhandari, J. - (1.) BY the instant writ petition a challenge has been made to the order dt.11.08.2006 where by Petitioner was repatriated to his parent company M/s. Jaipur Metals & Electricals Limited.
(2.) IT is stated that Petitioner was an employee of M/s. Jaipur Metals & Electricals Limited. While working on the post of Clerk -cum -Cashier, he was taken on deputation by Respondent No. 2 vide order dt.20.02.2002. During the period, Petitioner was working on deputation, Managing Director of M/s. Jaipur Metals & Electricals Limited granted permission for Petitioner's absorption by Respondent no.2. The Petitioner was accordingly granted all the necessary benefits including fixation of pay -scale. It was also decided to absorb the Petitioner permanently, hence he was denied the benefit of deputation allowance vide Annex -14 dt.01.07.2004. The aforesaid order clearly indicates regarding deputation of the Petitioner and absorption thereupon by Respondent No. 2. Even in the note -sheets at Annex -13 decision has been shown to have been taken for permanent absorption of the Petitioner by Respondent No. 2. Looking to the aforesaid, learned Counsel for Petitioner submits that while quashing the order dt.11.08.2006 Respondents be directed to treat the Petitioner as absorbed with them or in the alternative the Respondents be directed to absorb the Petitioner.
(3.) COUNSEL for the Respondent on the other hand submits that the order of absorption of the Petitioner has not been passed, rather he was allowed to continue on deputation only. A note -sheet was formulated for giving benefit of absorption to the Petitioner, however, it was never given effect to as no formal order of absorption exists. The Director was not even competent to take such a decision more so when deputation of the Petitioner itself was not legal because M/s. Jaipur Metals & Electricals Limited is not a part of State Public Undertaking, thus deputation even was not permissible. In any case since Petitioner was not absorbed in service, he was repatriated to his parent company. The order at Annexure -12 was accordingly passed in rightful manner.;