ARUN KUMAR SINGH Vs. STATE OF JHARKHAND
LAWS(JHAR)-2011-2-18
HIGH COURT OF JHARKHAND
Decided on February 25,2011

ARUN KUMAR SINGH Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) Heard learned Counsel for the Appellant.
(2.) This Court has already taken a view in a similarly situated case which reads as follows: A person on deputation cannot claim right to absorption because his lien continues to be with the original department, and the department, where the person goes on deputation may and may not choose to absorb. There being no statutory provision, the Appellant has been asked to come back to his original post. It cannot be said that any illegality has been committed because none of the conditions of service, as assured to him at the time of his recruitment, gets attached to that.
(3.) Today the learned Counsel for the Appellant has drawn our attention to Section 74 of the Bihar Reorganization Act, 2000 and has emphasized that the employees of the erstwhile Government of Bihar are required to be dealt with according to Section 74 of the Bihar Reorganization Act. We have no quarrel with the proposition. The Section says that the employee should continue to enjoy his post which he held. The Appellant had held a post with BISCOMAUN on substantive appointment. What he wants to say by this appeal is a deputation arrangement. We are afraid that deputation arrangement is not covered when he is a substantive employee of State in terms of Section 74 of the Bihar Reorganization Act.;


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