WPSS/739/2021
2021 Latest Caselaw 2253 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                 COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      06.07.2021
                                                WPSS No. 739 of 2021
                                                Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Ms. Prabha Naithani, Advocate, for the petitioner.

Mrs. Anjali Bhargava, Addl. CSC, for the State.

The petitioner has approached this writ Court, praying for quashing of the order dated 11.06.2021, by virtue of which, his appointment by way of deputation as Cadre Secretary, which was made by the District Administrative Committee, on the post of Cadre Secretary, has been cancelled and he has been reverted back to the principal post.

The question, which emanates for consideration is that, where an appointment is made by the District Administrative Committee, by way of a deputation, whether the person thus appointed has any lien, as such to continue on the said post for the time period which is provided, by the order of appointment on deputation, and whether he or she has got a right to invoke the writ jurisdiction, praying for that she/he may be permitted to continue in the office of the cadre secretary, which has been exclusively made on the basis of an arrangement by way of deputation, to meet the administrative exigency of the department.

An identical issue came up for consideration before this Court yesterday in Writ Petitions being Writ Petition (S/S) No. 759 of 2021, Mohd. Amir Vs. Registrar Co-operative Societies Govt. of Uttarakhand, as well as Writ Petition (S/S) No. 763 of 2021, Arun Solanki Vs. State of Uttarakhand, and the same have been dismissed by this Court by the judgment dated 05.07.2021.

This writ petition too stands covered by the aforesaid principle, which has been dealt with by this Court in the said case that a deputationist, has got no right as such to continue in the office acquired by deputation, for an indefinite period or for the period which has been specified in the order of deputation, this writ petition too would stand dismissed under the same terms and conditions of the judgment dated 05.07.2021, passed in WPSS No. 759 of 2021.

Accordingly, the writ petition is dismissed.

(Sharad Kumar Sharma, J.) 06.07.2021 Mahinder/