Himachal Pradesh High Court
Om Parkash vs Chaudhary Sarwan Kumar Himachal ... on 12 August, 2025
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CWP No.12965 of 2025
Date of Decision: 12.08.2025
.
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Om Parkash .......Petitioner
Versus
Chaudhary Sarwan Kumar Himachal Pradesh
Krishi Vishvavidyalaya & Ors. ....Respondents
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Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner: Mr. Arun Rana, Advocate.
For the Respondents: Mr. Prince Chauhan, Advocate, for
respondent No.1.
Mr. Rajan Kahol, Mr. Vishal Panwar and Mr.
B.C.Verma, Additional Advocate Generals,
with Mr. Ravi Chauhan, Deputy Advocate
General, for the respondents-State.
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Sandeep Sharma, Judge(oral):
Precisely, the grouse of the petitioner, as has been
highlighted in the petition and further canvassed by Mr. Arun Rana,
learned counsel representing the petitioner is that despite repeated
requests, no action is being taken by the respondents for his
repatriation to the parent department.
2. Vide order dated 23.01.2016 (Annexure P-1), petitioner
herein was sent on secondment basis to the office of District
Panchayat Officer, District Kangra at Dharamshala, Himachal
Whether the reporters of the local papers may be allowed to see the judgment?
Pradesh. More than 13 years have passed, but till date, petitioner has
not been repatriated to his parent department.
.
3. In similar facts and circumstances, employee of the
respondent No.1-Institute had approached this Court by way of CWP
No.3196 of 2022, titled Santosh Kumar Vs. Chaudhary Shrawn
Kumar Himachal Pradesh Krishi Vishvavidyalaya (Annexure P-2),
wherein direction was issued to recall the services of the petitioner
forthwith. Apart from above, this Court finds that a similarly situated
person namely 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 on the intervention of the office
of Hon'ble the Chief Minister of H.P.
4. Needless to say, no Government employee can be sent
on secondment basis for an indefinite period. Appointment on
deputation or secondment basis in other department is always for
limited period. Though in terms of Recruitment & Promotion Rules of
department concerned, process can be initiated for absorption of an
employee sent on deputation/secondment basis, but even in that
case, option is required to be taken from the employee concerned. At
this stage, it would be apt to take note of judgment passed by Division
Bench of this Court in CWP No.7639 of 2019, titled Manoj Kumar Vs.
Chaudhary Shrawan Kumar, H.P. Krishi Vishvavidalaya, decided
on 15.12.2021, 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.
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 second/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."
5. Consequently, in view of the above, present petition is
allowed with the direction to respondents to recall the services of the
petitioner from secondment and repatriate him to his parent
department forthwith, preferably, within a period of six weeks, from
the date of receipt of copy of this order.
Pending applications, if any, also stand disposed of.
p
(Sandeep Sharma),
Judge
August 12, 2025
(sunil)
