Value Addition Of Employee Is Always Advantageous To Institution: Karnataka HC Upholds Order On Doctor's Plea For Deputation To Study Further
Live LawThe 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, KR Hospital in Mysuru for permission to go on deputation for higher studies. On going through the records the court noted that deputation for making value addition is made normative by promulgating Karnataka Civil Service Rules Appendix II-A Rules. 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 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 494 Case No: WRIT PETITION NO.
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