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Judgment
Manoj Kumar Tiwari, J
Heard learned counsel for the parties.
Since common questions of law and fact are involved in these writ petitions, therefore are being taken up together and are being decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 958 of 2018 are being considered.
Petitioner was appointed as Assistant Teacher, Government Primary School, which has a District Level Cadre. On her request, petitioner was attached in some other district. In the attachment order, it was specifically mentioned that her attachment is only for three years. Subsequently, in terms of the decision taken by the State Government, as contained in Government Order dated 25.04.2018, attachment of petitioner was cancelled by the District Education Officer. Thus, feeling aggrieved, petitioner filed this writ petition and a Co-ordinate Bench of this Court passed an interim-order, on 18.05.2018 staying the effect and operation of the cancellation orders.
It is not in dispute that petitioner was attached to a place, outside her cadre, and such attachment was only for three years, therefore, it would have come to an end in the month of January, 2020. However, pursuant to interim-order passed by Co-ordinate Bench in the year 2018, petitioner is still continuing at the place, where she was attached. Thus, her attachment has continued for six years, as against three years, for which it was intended.
Since petitioner is serving outside her cadre, therefore, her status at best can be treated to be that of a deputationist. It is settled position in law that a deputationist can be repatriated any time to his/her parent cadre and he/she has no right of absorption in the borrowing organization.
In such view of the matter, there is no scope for interference in these writ petitions. Accordingly, the writ petitions are dismissed. Interim orders, stand vacated.
