Appointment on deputation v. Transfer on deputation

Ordinarily ‘transfers on deputation’ are made as against equivalent post from one cadre to another, one department to another, one organisation to another etc. In such cases, the deputationist has no legal right to the post, or to be absorbed in the post or promotions therefrom.  The deputationsit remains part of his parent service/organisation and does not acquire any right to continue in the deputed service.

However, in the case of ‘appointment on deputation’, the above principle is not applicable. Recently, it is held in the case of Ashok Kumar Ratilal Patel v. Union of India, that  “a person who applies for appointment on deputation in the services of the State or organisation or State within the meaning of Article 12 of the Constitution of India, the provisions of Article 14 and Article 16 are to be followed. No person can be discriminated nor it is open to the appointing authority to act arbitrarily or to pass any order in violation of Article 14 of the Constitution of India.”  Therefore, a person, who applies for appointment on deputation has indefeasible right to be treated fairly and equally with others for selection and appointment. Once such person is selected and offered with the letter of appointment,  the same cannot be cancelled except on the ground of non- suitability or unsatisfactory work. He has a right to claim entitlement to the post.


About Thomas Geeverghese

Vayaliparambil, Perumbavoor | Advocate, Ernakulam
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