Dr. Seema Kundra Vs. State of U.P. and ors. - Court Judgment

Excerpt:
service - deputation - petitioner a medical officer deputed for teaching job in state ayurvedic medical college - lien on her original place of posting and not the place where petitioner deputed - held, no right to hold the post to which he or she sent on deputation. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal..........directing the respondents not to relieve the petitioner from her present place of posting at state ayurvedic college and hospital, atarra.3. it appears that petitioner was appointed by order dated 16.6.1988 as medical officer, at government ayurvedic hospital, talbeahat, lalitpur. in the year 1990, the petitioner was attached with state ayurvedic college, varanasi and was deputed for teaching job vide annexures-2 and 3 to the writ petition. it is alleged in paragraph 6 of the petition that since then the petitioner is doing teaching job in the college.4. in our opinion, the petitioner has no lien or right to hold the post in the state ayurvedic college, varanasi, as she was only attached to that college and hence, she was purely on deputation there. it is settled law that a.....

Judgment:
ORDER

M. Katju, J.

1. Heard learned counsel for the petitioner.

2. The petitioner has prayed for a mandamus directing the respondents not to relieve the petitioner from her present place of posting at State Ayurvedic College and Hospital, Atarra.

3. It appears that petitioner was appointed by order dated 16.6.1988 as Medical Officer, at Government Ayurvedic Hospital, Talbeahat, Lalitpur. In the year 1990, the petitioner was attached with State Ayurvedic College, Varanasi and was deputed for teaching job vide Annexures-2 and 3 to the writ petition. It is alleged in paragraph 6 of the petition that since then the petitioner is doing teaching job in the college.

4. In our opinion, the petitioner has no lien or right to hold the post in the State Ayurvedic College, Varanasi, as she was only attached to that college and hence, she was purely on deputation there. It is settled law that a deputationist has no right to hold the post to which he or she is sent on deputation, vide JT 2000 (6) 574, JT 1999 (7) SC 44, etc.

5. It appears that the State overnment by means of order dated 2.10.2002 directed the Director, Ayurvedic and Unani Services. U. P, to detach all the Medical Officers and place them on their original place of posting vide Annexure-10 to the writ petition. The petitioner has only a lien on her original place of posting and not on the place where she was attached.

6. Thus, we find no illegality in the impugned order. The petition is dismissed.