Jagdish Kumar vs Chaudhary Sarwan Kumar & Anr

Jyotsna Rewal Dua , J

This writ petition has been filed under Article 226 of the Constitution of India seeking following substantive relief:-

“a) That the respondent may please be directed to recall the petitioner from Secondment fromthe office Tehsildar, Jaisinghpur Distt. Kangra H.P. to her Parent Department i.e. respondent-University, as the respondent cannot be allowed to send the petitioner to any other department for an indefinite period, by quashing Annexure P-1.”

Learned counsel for the petitioner submitted that the petitioner was appointed in respondent No.-1-University in the year 1993. He was sent on secondment basis to serve under respondent No.2 vide order dated 27.06.2011 (Annexure P-1). The contention put-forth for the petitioner is that he was liable to be recalled from such secondment/deputation. In support of his argument, learned counsel has placed reliance on a decision of this Court in CWP No. 7639 of 2019 titled Manoj Kumar vs. Chaudhary Shrawan Kumar, H.P. Krishi Vishvavidalaya decided on 15th December, 2021, wherein it was held as under:-

“It is rather shocking that the petitioner, who is merely a Beldar, has been kept on secondment basis for over a period of more than 7 years, that too posted at Una, whereas his parent department otherwise would have been the respondent-University. Not only this, a similar situate person one Anju Bala, who was earlier on secondment basis with the H.P. Board of School Education, has been ordered to be repatriated to her parent department, though through the intervention of the office of Hon’ble the Chief Minister of H.P.

Why the step motherly treatment has been meted out to the petitioner is not at all forthcoming. After all, no person can be kept on second/deputation, for an indefinite period, that too contrary to her/his wishes.

Therefore, in the given facts and circumstances of the case, the present petition is allowed with a direction to the respondent to recall the services of the petitioner from secondment and repatriate him to his parent department forthwith.”

Accordingly, the present writ petition is allowed with a direction to the respondents to recall the services of the petitioner from secondment and repatriate him to his parent department forthwith, preferably within two weeks from the receipt of the copy of this order.

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