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Himachal Pradesh High Court

Krishi Vishvavidyalaya vs Ch. Sarwan Kumar Himachal on 3 January, 2022

Author: Jyotsna Rewal Dua

Bench: Jyotsna Rewal Dua

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 3rd DAY OF JANUARY, 2022
                                BEFORE




                                                             .
              HON'BLE MR. JUSTICE MOHAMMAD RAFIQ,





                             CHIEF JUTICE
                                    &





             HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
                 CIVIL WRIT PETITION No.8409 of 2021
         Between:-





         SANJAY KUMAR
         SON OF LATE SHRI BIRI SINGH,
         ASSISTANT PROFESSOR, DEPARTMENT
         OF LIVESTOCK PRODUCTS AND
         TECHNOLOGY, HIMACHAL PRADESH

         KRISHI VISHVAVIDYALAYA,

         PALAMPUR, DISTRICT KANGRA.
         PERMANENT RESIDENT OF
         VILLAGE-NAGAN, POST OFFICE CHUKKU,
         TEHSIL PADHAR, DISTRICT KANGRA,
         H.P. AGED ABOUT 34 YEARS.


                                                         .....PETITIONER

         (BY MR. SUNEEL AWASTHI, ADVOCATE)




          AND





         CH. SARWAN KUMAR HIMACHAL
         PRADESH KRISHI VISHVAVIDYALAYA,
         PALAMPUR, DISTRICT KANGRA,
         H.P. THROUGH ITS REGISTRAR.





                                                       .....RESPONDENT

         (BY MR. NARESH K. SHARMA, ADVOCATE)
    ________________________________________________________________

                This petition coming on for admission this day,

    Hon'ble Ms. Justice Jyotsna Rewal Dua, passed the following:

                              ORDER

The petitioner was appointed as Assistant Professor (Livestock Products Technology) on contract basis on 17.04.2017 ::: Downloaded on - 31/01/2022 23:32:29 :::CIS 2 in the respondent-Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya, Palampur. His services were regularized on 06.10.2020. Vide order dated 24.11.2021, the petitioner has .

been deputed to perform his duties at Krishi Vigyan Kendra, Bajura, District Kullu. This order has been assailed in the instant petition.

2. Learned counsel for the petitioner submitted that the petitioner was diagnosed with episodic osteoarthritis on 07.01.2017. He is also facing certain adverse circumstances. In view of such circumstances, the petitioner vide Annexure P-5 has represented to the respondent-University for family cancellation of his deputation order dated 24th November, 2021, Annexure P-4. Learned counsel for the petitioner further submitted that the petitioner would be content in case the respondent-University is directed to deicide his pending representation (Annexure P-5) within a time bound period. Learned counsel for the petitioner also submitted that no one else has yet been posted against the post manned by the petitioner at Chaudhary Sarwan Kumar Himachal Pradesh, Krishi Vishvavidyalaya, Palampur.

3. We may also take note of the submission made by the respondent-University that the petitioner has already been relieved in compliance to the impugned deputation order. ::: Downloaded on - 31/01/2022 23:32:29 :::CIS 3

4. In view of the above submissions, without adverting to the merits of the case, this writ petition is disposed of with a direction to the respondent-University to decide the .

representation (Annexure P-5), filed by the petitioner, within a period of two weeks from today, in accordance with law.

Pending miscellaneous application(s), if any, also stand disposed of.


                                                 (Mohammad Rafiq)





                                                   Chief Justice


                                                 (Jyotsna Rewal Dua)
                            r                         Judge
    January 3, 2022

         (R.Atal)








                                                ::: Downloaded on - 31/01/2022 23:32:29 :::CIS