Value Addition Of Employee Is Always Advantageous To Institution: Karnataka HC Upholds Order On Doctor's Plea For Deputation To Study Further
Mustafa Plumber
4 Dec 2024 3:30 PM IST
The Karnataka High Court has upheld the order of the State Administrative Tribunal which directed the State government to consider representation of Dr Madhu Kumar M H, Specialist (Physician), KR Hospital in Mysuru for permission to go on deputation for higher studies.
A division bench of Justice Krishna S Dixit and Justice C M Joshi said, “The petitioners are not justified in keeping employee's claim for educational deputation, especially when admission to courses of the kind are time bound and liable to lapse if not availed. Expeditious decision therefore is eminently warranted in matters of the kind. No such expeditiousness nor seriousness warranted in the matter having been shown, the Tribunal is more than justified in granting relief to the respondent – employee.”
The State had approached the court challenging an August 9 order of the tribunal. It was contended that deputation of any kind in general and deputation for educational purpose in particular cannot be claimed as a matter of right. In any circumstance, a civil servant cannot say that even during deputation, he should be paid the salary, though he does not work during the said period.
Moreover, deputation for educational purposes is permissible only if there is an equivalent post in which 'additionally educated/qualified' civil servants can be accommodated; after making value addition at the cost of public exchequer. If the civil servant quits public employment and goes in search of greener pasturage, it will be a drain on the public money.
On going through the records the court noted that deputation for making value addition is made normative by promulgating Karnataka Civil Service Rules (KCSR) Appendix II-A Rules.
Following which it said, “The submission of learned AGA that there is no right whatsoever to seek deputation for value addition, is bit difficult to countenance. There is some discretion lying with the Government in matters of value addition deputation, is true. However, as any discretion, this too has to be exercised according to rules of reason & justice.”
It then held “In the instant case, the representation of the respondent – employee was kept in cold storage even when he had successfully completed the Test in question which is obviously competitive and therefore, the Tribunal has rightly interfered.”
Rejecting the submission that after making value addition, deputationists may quit public employment and go for greener pastures. The court said, “The Government servant concerned has to execute a bond in Form No.19.”
Taking note of the submission of the respondent he shall report back to duty immediately after making value addition and shall serve in the Department for a period of ten years. It said, “This should alleviate the apprehension vehemently expressed by the learned AGA that public money would be drained, by sending the employees on educational deputation.”
It further observed that “Value addition is always advantageous to the individual and to the institution in which he/she is employed. That is the reason why Rules of the kind have been promulgated providing for deputation on normative basis and thereby minimizing the level of likely arbitrariness.”
Dismissing the petition the court said “The respondent-employee is a medical doctor; the higher educational course which he aspires to get admission to, has a great nexus to the kind of duties attached to his post. It is not that something irrelevant is being studied and that would not improve the quality of discharge of such duties.”
It added “The stand of the Government gives an impression that the employee concerned in no circumstance be permitted deputation for making value addition of the kind.”
Case Title: State of Karnataka & ANR AND Dr Madhu Kumar M H
Counsel for Petitioners: AGA Saritha Kulkarni
Counsel for R1: Advocate Shantharaju
Citation No: 2024 LiveLaw (Kar) 494
Case No: WRIT PETITION NO. 31104 OF 2024
