Punjab-Haryana High Court
Narinder Singh And Others vs State Of Haryana And Others on 21 March, 2024
CWP-6871-2024 1 2024: PHHC:041631 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr. No.142 CWP-6871-2024 Date of Decision: 21.03.2024 Narinder Singh and others .... Petitioners Versus State of Haryana and others ... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHTYA Present: Mr. Anurag Goyal, Advocate for the petitioners. Mr. Ashish Yadav, Addl. A.G.Haryana. Mr. Kanwal Goyal, Advocate for respondent no.3-Parishad. 3 2k 3 TRIBHUVAN DAHIYA, J. (ORAL)
This petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 15.02.2024, Annexure P-14, whereby the petitioners have been permitted to work on deputation as Assistant Project Coordinators till 31.03.2024; and a writ of mandamus directing the respondents to allow them to continue working on deputation.
2. As per facts apparent on record, the petitioners are employed as Post Graduate Teachers (PGTs) in the respondent Department. They were sent on deputation as Assistant Project Coordinators by placing their services at the disposal of third respondent/Parishad, vide different office orders passed by their parent Department, dated 11.11.2016, 27.09.2016 and 28.02.2018. On completion of deputation, they were repatriated to the Department, vide office order dated 22.11.2021, Annexure P-4.
2.1. The Parishad again invited applications to fill-up fourteen vacant posts of Assistant Project Coordinator on deputation basis from 2024.04.04 18:29 I attest to the accuracy and authenticity of this order/judgment. CWP-6871-2024 2 2024: PHHC:041631 eligible government employees (regular) working in the School Education Department, vide notice dated 26.05.2022, Annexure P-12. The petitioners fulfilled the eligibility criteria and their services were, accordingly, placed at the disposal of Parishad again, vide order dated 26.12.2022, Annexure P-13. It was initially for a period of one year extendable on yearly basis as per norms. They completed one year period on deputation and continued thereafter.
2.2. The Parishad noticed Rule 138 of Haryana Civil Services (General) Rules, 2016 (hereinafter referred to as 'the Rules') requiring the employees to complete minimum two years service in their lending/parent department between two spells of deputation in the same department. Therefore, vide impugned order dated 15.02.2024, it was decided that the petitioners will work in the Parishad only till 31.03.2024 for completing the work in process, by when the financial year will also end and will consequently be repatriated.
3. Learned counsel for the petitioners contends that the impugned order is illegal, as Rule 138 of the Rules has been wrongly invoked without referring to Note 1 thereto, which stipulates that the Rule will not apply to government employees transferred on deputation in an organisation under the control of Haryana Government against cadre post(s). Since the post of Assistant Project Coordinator is a cadre post, they could not have been repatriated to the parent department and are entitled to continue working on deputation with the third respondent.
4. Per contra, learned counsel for the third respondent/Parishad contends that the petitioners have no right to continue on deputation beyond one year, unless the period is extended. In their case, it has only been MANINDER 024.04-0418:29 | extended up to 31.03.2024. Therefore, they cannot seek a direction to order/judgment.
CWP-6871-2024 3 2024: PHHC:041631 continue on deputation beyond that date. He further contends that Note 1 to Rule 138 has no application to the facts of the instant case, since the petitioners are not working against cadre post(s). As per definition in sub-rule 5 to Rule 8, 'cadre post' means a post falling within the hierarchy or ordinary line of promotion in the cadre. And the post of Assistant Project Coordinator is not a post in the line of promotion in the Parishad. Accordingly, the Rule cannot be excluded, and the impugned order is liable to be upheld.
5. Submissions made by learned counsel for the parties have been considered.
6. Undisputedly, the petitioners are working as Assistant Project Coordinators with the Parishad on deputation pursuant to order dated 26.12.2022. They were taken as such for a period of one year, extendable on yearly basis. After completion of one year period, they have been allowed to work only till the end of financial year, i.e., 31.03.2024, to complete the on-going work. Being on deputation, the petitioners can always be repatriated to their parent Department on completion of tenure, and have no right to remain with the Parishad. The terms of their deputation, as mentioned in the order dated 26.12.2022, also stipulate thus.
7. For considering applicability of Note 1 to Rule 138 of the Rules, it is apt to reproduce the same along with sub-rule 5 to Rule 8:
138. Cooling period between two spells of foreign service/deputation.-
A Government employee who has served on foreign service or deputation shall not be allowed to proceed again on foreign service or deputation (except with Chandigarh Administration) unless he has worked for a MANINDER 2024.04.04 18:29 I attest to the accuracy and authenticity of this order/judgment. minimum period of two years in his lending Department after his repatriation.
CWP-6871-2024 4 2024: PHHC:041631 Note 1.- _--'This rule does not apply to the Government employees transferred on foreign service or deputation in an Organisation under the Control of Haryana Government against the cadre post(s) or in a Department under Chandigarh Administration.
The cadre post has been defined under sub-rule 5 to Rule 8, which reads as under:
Rule 8. Definitions.-
In these rules, unless there be anything repugnant in the subject or context.
(1) to(4) xxx XXX XXX (5) "cadre post" means a post which fall within the hierarchy or ordinary line of promotion in the cadre.
8. As apparent, Rule 138 requires minimum cooling period of two years for government employees between two spells of their service on deputation. Note 1 thereof is an exception to the Rule and exempts such employees from the cooling period who have been transferred; (i) on deputation against cadre post(s), (ii) in an organisation under the control of Haryana Government. The Parishad is undisputedly a registered society under the control of Haryana Government, though partially funded by the Central Government. However, the second condition of Note 1 is not met by the petitioners, as the post of Assistant Project Coordinator is not a cadre post. Rule 9(1) of the Haryana School Shiksha Pariyojna Parishad Employees Service Bye-Laws, 2013 (hereinafter referred to as 'the Bye- Laws'), provides the method of recruitment in service. It reads as under:
9(1) Recruitment to the Service shall be made:
(i) by direct recruitment on contract basis; or
(ii) by deputation of an official possessing the prescribed qualifications and already in the service of any MANINDER 2024.04.04 18:29 I attest to the accuracy and authenticity of this order/judgment. CWP-6871-2024 5 2024: PHHC:041631 State Government, Government of India/Govt.
Undertaking/Societies.
Accordingly, in terms of the Bye-Laws, recruitment to the post can only be made either on contract or by deputation. As per Appendix 'C', the agreement to be signed by contractual employees is initially for a period of one year, which can be extended on yearly basis as per norms. This is not a promotional post, in fact, there is no provision in the Bye-Laws for promotion. That being so, the post does not fall within the hierarchy or ordinary line of promotion, and cannot be termed a cadre post as per sub- tule 5 to Rule 8. Resultantly, Note 1 to Rule 138 will have no application to the post, and the impugned order repatriating the petitioners is unexceptional.
9. In view of the discussion, there is no merit in the petition, and it stands dismissed accordingly.
(TRIBHUVAN DAHTYA) JUDGE 21.03.2024 Maninder Whether speaking/reasoned_--:: Yes/No Whether reportable : Yes/No MANINDER 2024.04.04 18:29 I attest to the accuracy and authenticity of this order/judgment.