Repatriation after temporary transfer of service upheld where lien remained with the parent department and no arbitrariness was shown.

Repatriation of employees to their parent department was upheld where the transfer of service to the Trade Tax Department was only for a limited period, not permanent. The petitioners retained lien in the parent department, and their service conditions continued to be governed by that department. The orders sending them back did not terminate service or attach any stigma, and no violation of the governing rules, regulations, or government orders was shown. The repatriation was therefore not arbitrary, not based on extraneous considerations, and did not infringe Article 14.

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Issues: Whether the repatriation of the petitioners to their parent department after transfer of service to the Trade Tax Department was illegal, arbitrary, or violative of Article 14 of the Constitution of India.

Analysis: The transfer of service was held to be for a limited period and not on a permanent basis. The petitioners had retained their lien in the parent department, and their service conditions continued to be governed by that department. The impugned orders merely sent them back to their parent department and did not terminate their service or attach any stigma. No violation of the governing rules, regulations, or government orders was found, and the repatriation was not shown to be arbitrary or based on extraneous considerations.

Conclusion: The repatriation orders were valid and did not infringe Article 14; the challenge failed.

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