Himachal Pradesh High Court
Ishwar Chand Thakur vs State Of H.P. & Another on 2 March, 2020
Bench: L. Narayana Swamy, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA
CWP No. 2695 of 2019
Date of decision: 02.03.2020
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Ishwar Chand Thakur .....Petitioner
Versus
State of H.P. & another ...Respondents
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Coram:
The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?1
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For the petitioner : Mr. Rakesh Kumar Dogra, Advocate.
For the respondents: Mr. Ashok Sharma, Advocate General
with Mr. Ranjan Sharma, Mr. J.K. Verma,
r Mr. Adarsh Sharma, Ms. Ritta Goswami
and Mr. Nand Lal Thakur, Additional
Advocates General.
L. Narayana Swamy, Chief Justice (Oral)
By way of this writ petition, the petitioner who is presently working as Secretary, Agriculture Produce Marketing Committee, Chamba, has challenged Notification dated 17.09.2019 (Annexure P-3), (for short 'the impugned order'), whereby he has been repatriated to his Parent Department-i.e. Agriculture Department.
2. The case of the petitioner, in brief, is that vide order dated 12.04.2018, he was sent on secondment basis to H.P. Marketing Board for a period of one year on standard terms and conditions. Thereafter, the Principal Secretary (Agriculture) to the Government of Himachal Pradesh, issued another Notification 1 Whether the reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 03/03/2020 20:24:04 :::HCHP -2-dated 1st May, 2019, whereby the secondment period of the petitioner was further extended for one year i.e. w.e.f. 17.04.2019 .
to 16.04.2020. Notwithstanding another Notification dated 17th September, 2019 (Annexure P-3) has been issued recalling the Deputation Order of the petitioner from the H.P. Marketing Board to his parent Department. Hence, this writ petition.
3. Learned Counsel for the petitioner submits that the impugned order is bad in law and prays that the same may be quashed and set aside. In support of his submissions, he has placed reliance on the judgment dated 07.10.2005, passed by the Hon'ble Supreme Court in Appeal (Civil) No. 6332 of 2005, titled as Union of India through Government of Pondicherry & another versus V. Ramkrishnan & others.
4. Learned Additional Advocate General submits that Notification dated 1st May, 2019, vide which the secondment period of the petitioner was further extended for one year i.e. w.e.f.
17.04.2019 to 16.04.2020, does not confer any right upon the petitioner to remain in the Borrower Department, hence there is no violation of any right of the petitioner. He prays that the writ petition be dismissed.
5. We have heard learned Counsel for the parties and have carefully perused the entire record.
6. It is true that once a person is sent on deputation by his or her Parent Department to a Borrower Department, he is ::: Downloaded on - 03/03/2020 20:24:04 :::HCHP -3- required to serve there till the expiry of his deputation period, but it is for the Borrower Department to see whether the services of that .
person are required or not. If his or her services are not required, the Borrower Department can send that person to his or her Parent Department before the expiry of the deputation period.
7. In the instant case, the petitioner was sent to the Borrower Department for a period of one year vide Notification dated 12.04.2018 and thereafter, vide Notification dated 1st May, 2019, his deputation period was further extended for one year i.e. w.e.f. 17.04.2019 to 16.09.2020. It is for the Borrower Department to see that the services of the petitioner are required or not. Thus, the petitioner does not establish any right to serve the Borrower Department. Otherwise also, the Deputation period of the petitioner is going to expire after about one month, i.e. on 16.04.2020.
8. In view of the observations made hereinabove, the writ petition deserved to be dismissed. Accordingly, the same is dismissed alongwith pending application(s), if any.
(L. Narayana Swamy) Chief Justice.
March 2, 2020 (Jyotsna Rewal Dua)
(hemlata) Judge.
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