Sir

The terms and agreement of your employment gadzate has to seen before ascertaining the answer .

Please come up with the details for the better address of problem.

Yes, You have rights to ask for Repatriation to parent department. Its totally depend upon what is running in opposition mind whosoever is denying to do so and Company' s or Organisation terms and conditions to complete the project.

Satya narain pareek

         Vs

State of Rajasthan and 

was to bring to our notice that the same issue
has been discussed also in this case.

It is now well settled that deputation is just a transfer of a Government employee from one department to another or from one Government to another, i.e. from Central Government to State Government or State Government to State Government or State Government to Central Government.

2) So in its very nature, the tenure of a deputationist is a precarious one. Of course, in some cases, it may be for a fixed term, but even then it is implicit that a deputationist can always be repatriated to his parent State/Department in public interest or in the exigencies of service. Further, a deputationist continues to hold lien on his permanent post in his parent cadre till of course he is permanently absorbed in the borrowing department. Another wholesome principle is that if many persons are drafted to serve on deputation, their inter- seniority in the borrowing department should be respected and preserved during the period of such deputation to the new department.: 

3) It is thus manifest that a deputationist has no right to the post held by him in the borrowing department and he can always be repatriated to his parent department in public interest and exigencies of service. This right of the borrowing department to repatriate the employee and for that matter right of the lending department to recall their own employee sent on deputation, is well recognised in service jurisprudence.

4) ask your parent department to recall you . in such case borrowing department cannot deny your repatriation 

The concept of deputation is based upon consent and voluntary decision of the employer to lend the services of his employee, corresponding acceptance of such service by the borrowing employer and the consent of the employee to go on deputation. A deputation subsists so long as the parties to this tripartite agreement do not abrogate it. However, if any one of the parties repudiate the agreement, the other two have no legally enforcible right to insist upon continuance of the deputation.

Hi,

You may file an application to the department to send you back and you may also write your parent department to call you back. 

Sir the parent company has the authority to bring you back you can raise the concern with the parent company .

Yes, of course if your parent department call you back due to exigency of work so please approach your parent department to go ahead.

Hello,

Is such right mentioned in the employment terms or the terms of the deputation.

If there is some right anywhere then you may move to the court for the enforcement of the same, otherwise the department has the right to deny the same on the ground of administrative exigencies.

Regardz  

You have to go through the conditions to which you have given consent while signing the deputation agreement or you may have to look for the conditions governing the conditions of deputation that whether you will be permitted to return to the parent department in between for any reason.

Members of the All India Services and those deputed to posts whose terms are regulated under specific statutory rules or orders;

The term deputation/foreign service will cover only those appointments that are made by transfer on a temporary basis provided the transfer is outside the normal field of deployment and is in the public interest.The question whether the transfer is outside the normal field of deployment or not will be decided by the authority which controls the service or post from which the employee is transferred.

Normally, when an employee is appointed on deputation/ foreign service, his services are placed at the disposal of the parent Ministry/Department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputation, his services could be so returned after giving advance intimation of reasonable period of the lending Ministry/Department and the employee concerned.

You can refer to the OM No. No.2/29/91-Estt(Pay II) date 05.01.1994 issued by the DOPT in this regard for further guidance

That depends on policy of your company. I am not sure the same will be matter of right unless any law enforcement issue crops