Triloki Nath Singh vs The State of Bihar and Others

The Appellant has filed this appeal against the judgment and order dated 25 July, 2002 passed in CWJC No. 4268 of 2002 whereby the learned Judge has refused to interfere with the impugned order dated 30.3.2002 by which the services of the Appellant was returned to his parent department i.e. the Agriculture Department, Government of Bihar.

It appears from the order that the Appellant was initially appointed on Class IV post in the year 1974 by the Government and he was directed to join in the Agriculture Marketing Board (hereinafter interred to as the Board). While the Appellant was on deputation the State Government allowed to exercise option to the employees including the Appellant, who were on deputation in the Board, to remain in the service of the Board but the Appellant did not opt and as such the services of the Appellant was treated to be on deputation in the Board. Thereafter, the Board returned the service of the Appellant to his parent department. The Appellant had challenged the said order in the Writ petition. It is well known Rule of law that both the departments i.e., the parent department and the department where the Service of the employee is deputed have right to recall or return the service of such employees. The learned Judge considered the aforesaid aspect of the matter in details and refused to interfere with the order impugned.

On consideration, we do not find anything wrong in the order of the learned Judge. As such the appeal is dismissed.