← Library
High Court of DelhiW.P.(C)/478/2020

Rajinder Singh v. Union Of India And ORS.

2020-01-14Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 478/2020 RAJINDER SINGH ..... Petitioner Through:

Mr. Siddharth with Mr. Parveen Kumar, Advocates.

versus UNION OF INDIA AND ORS.

..... Respondents Through:

Mr. Nawal Kishore Jha, Advocate.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 14.01.2020 C.M. APPL. 1290/2020 (exemption)

1. Allowed, subject to all just exceptions.

W.P.(C) 478/2020

2. The Petitioner, who is working at present as Naik (Carpenter) in the Sashastra Seema Bal ('SSB'), is aggrieved by the fact that the Respondents by way of an order dated 8th July, 2019 have declined to relieve him to join the Authority for Advance Ruling (Income Tax) in the Department of Revenue as Junior Librarian on deputation.

3. The Respondents have sought to explain their refusal on account of the fact that there is a severe shortage of skilled carpenters in the SSB and, therefore, it is not possible for them to spare the Petitioner's services for the W.P.(C) 478/2020 Page 1 of 2

purposes of deputation.

4. The Petitioner does not have a right to be sent on deputation. It requires the consent of both the borrowing department as well as the lending department for the deputation to take place. In this case, the lending department, i.e. the SSB, finds that it cannot spare the services of a skilled person in its service. Its decision, therefore, cannot be said to be unreasonable or arbitrary.

5. The Court is not inclined to interfere with the impugned order. The petition is dismissed.

S. MURALIDHAR, J.

TALWANT SINGH, J.

JANUARY 14, 2020 tr W.P.(C) 478/2020 Page 2 of 2