Jagan Nath vs State Of H.P. And Ors
2022 Latest Caselaw 10931 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA

                                            CWP No. 8632/2022
                                            Decided on : 15.12.2022

    Jagan Nath                                                                 .....Petitioner




                                                                               .

                                   Versus
    State of H.P. and ors.                                                  ....Respondents

    Coram:





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Ms. Justice Virender Singh, Judge.

    Whether approved for reporting?1No





    For the Petitioner:                     Mr. Arun Rana, Advocate.
    For the Respondents:                    Mr. Ashok Sharma, A.G. with
                                             Mr. Vinod Thakur, Addl. A.G. &
                                            Mr. Bhupinder Thakur, Dy.A.G.,
                       r                    For respondents No.1 to 3.

                                            Mr. Avinash Jaryal, Advocate, for
                                            respondent No.4.
    _____________________________________________________________________

                  Justice Tarlok Singh Chauhan, Judge (oral)

Notice. Mr. Bhupinder Thakur, learned Deputy

Advocate General and Mr. Avinash Jaryal, Advocate, appear and

waive service on behalf of the respective respondents.

2 The instant petition has been filed for grant of the

following substantive relief:

"that the respondent No.4 may please be directed to recall the petitioner from Secondment from the Office of the Research Officer, District Statistical Office, Sirmour District Nahan, HP to his parent department i.e. respondent No.4 as the respondent No.4 cannot be allowed to send the

1 Whether reporters of the local papers may be allowed to see the judgment? Yes.

petitioner to any other department for an indefinite period, by quashing Annexure P-1."

.

3 The parties are ad idem that the issue in question is

squarely covered by the judgment rendered by this Court in CWP

No. 7639 of 2019, titled as Manoj Kumar Vs. Chaudhary

Shrawan Kumar, H.P. Krishi, decided on 15.12.2021, which

reads as under:

"1. 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.

2. 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 secondment/deputation, for an indefinite

period, that too contrary to her/his wishes.

3. 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."

4 Accordingly, the instant 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, also stands disposed

of.

                                               (Tarlok Singh Chauhan)
                                                        Judge


                                                      (Virender Singh)
        15.12.2022
                         r                                 Judge

          (pankaj)