• Deputation without consent

I am an employee of a Govt. of India Undertaking (PSU). A separate subsidiary (constituting of a particular department) of the parent organisation was formed on august 2016 and all the employees working under the particular department were put on deputation under the administrative control of the subsidiary till 31.03.2018 vide an order of the central headquarters of my PSU which is located in New Delhi. Now I am working in kolkata office of the PSU. I was transferred to the kolkata office subsidiary vide order dated 10.07.2017. When I inquired about the same from my HR manager he told me that my transfer is on deputation basis.
My questions are:
1. Can i be deputed to the subsidiary without my consent?
2. Can I ask to know the terms and conditions of my service like lien etc. if put on deputation, before consenting to the same?
3. What are the remedial measures I can seek?

Thanks
Asked 7 years ago in Labour

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4 Answers

Consent of employee is must for deputation

2)the apex court, in the case of State of Punjab vs. Inder Singh and others (1997) 8 SCC 372, has held Deputation in government service can only be with the consent of the employee,

3) Concept of "deputation" is well understood in service law and has a recognised meaning. 'Deputation' has a different connotation in-service law and the dictionary meaning of the word 'deputation' is of no help. In simple words 'deputation' means service outside the cadre or outside the parent department. Deputation is deputing or transferring an employee to a post outside his cadre, that is to say, to another department on a temporary basis. After the expiry period of deputation the employee has to come back to his parent department to occupy the same position unless in the meanwhile he has earned promotion in his parent department as per Recruitment Rules. Whether the transfer is outside the normal field of deployment or not is decided by the authority who controls the service or post from which the employee is transferred. There can be no deputation without the consent of the person so deputed and he would, therefore, know his rights and privileges in the deputation post. The law on deputation and repatriation is quite settled as we have also seen in various judgments which we have referred to above. There is no escape for the respondents now to go back to their parent departments and working there as Constables or Head Constables as the case maybe

4) file application before CAT to set aside your deputation

Ajay Sethi
Advocate, Mumbai
97643 Answers
7904 Consultations

1.No transfer on deputation is possible without the consent of the employee.So Without your consent sending you to depautiaon s not permissioble udner law.

.2. In the department on transfer of deputation you have certain rights and liablities which you are entiledto know.

3.I think if you're not satisfied with the transfer on deputation you can send them a written representation seeking transfer to your parent organisation which you are entitled to.

Devajyoti Barman
Advocate, Kolkata
23361 Answers
524 Consultations

1. In your service contract, it must have been written that you are subject to be sent on deputation by your organisation for which your organisation can depute you to any of its subsidiary without taking your consent.

2. You can ask for the said terms if there is a change in it in comparison to that of your parent organisation but your consent will not be required by them.

3. Since all the employees of the parent organisation have been transferred to the subsidiary, it will not be prudent on your part to resit your said deputation. You, alongwith all other employees who have thus been transferred, can find out some fault with the said transfer on deputation. and file a writ petition praying for cancellation of the said transfer.

Krishna Kishore Ganguly
Advocate, Kolkata
27533 Answers
726 Consultations

For all your questions you have answer in your employment offer letter and the conditions if pursued properly you will get more replies.

They will shown it as service exigency in order to get you out of that place if you revolt against the decision of the authority.

You may make a representation to the authorities about this seeking relief on the personal or family grounds if the rules are very strict on this issue.

T Kalaiselvan
Advocate, Vellore
87844 Answers
2366 Consultations

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