Deep Chand v. State Of Haryana And Others

2024:PHHC:042923

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-7129-2024 (O&M) Decided on : 01.04.2024 Deep Chand . . .Petitioner

Versus

State of Haryana and others . . . Respondents

CORAM:

HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI PRESENT: Mr. Rahul Deswal, Advocate for the petitioner. Mr. Tapan Kumar Yadav, DAG, Haryana.

**** HARSIMRAN SINGH SETHI, J. (Oral) 1.

In the present petition, the grievance being raised by the petitioner is that the petitioner was transferred vide order dated 20.02.2024 (Annexure P-4),which was made the subject matter of CWP No. 4554 of 2024 titled as Deep Chand v. State of Haryana and others and the said writ petition was disposed of by this Court vide order dated 27.02.2024 (Annexure P-6) with the observations that in case the petitioner intend to continue on deputation basis, he can raise his grievance before the authority concerned and the said claim will be decided by the authorities concerned by passing appropriate speaking order and in terms of the order dated 27.02.2024 (Annexure P-6), though the petitioner has been allowed to continue on deputation but only upto 31.03.2024. Learned counsel for the petitioner submits that once the work of the said post on which the petitioner is working still exists, restricting the deputation period of the petitioner upto 31.03.2024 and that too without any valid reason, is arbitrary and illegal.

3.

Notice of motion.

RIYA 2024.04.05 11:46 I attest to the accuracy and integrity of this document

CWP-7129-2024 (O&M) 2024:PHHC:042923 4.

Mr. Tapan Kumar Yadav, DAG, Haryana, who is present in Court, accepts notice on behalf of State of Haryana-respondents 5.

Learned State counsel submits that there is no right with the petitioner to claim that he should be allowed to continue on deputation. Decision to allow the petitioner to continue on deputation only exists with the department concerned and in case, the department requires the services of the petitioner on deputation even after 31.03.2024, the appropriate decision will be taken within a period of two weeks but in case, department is of the opinion that after 31.03.2024, the post on which the petitioner is working on deputation, no employee needs to be posted, the petitioner will be relieved to join his parent post.

6.

Learned counsel for the petitioner submits that keeping in view the fact that the respondents have submitted that in case, the work of the post on which the petitioner is working on deputation still exist, the claim of the petitioner for extending the deputation period will also be considered and appropriate order will be passed within a period of two weeks, the present petition, the present petition may kindly be disposed of having been not pressed at this stage.

7.

Ordered accordingly.

(HARSIMRAN SINGH SETHI) JUDGE 01.04.2024 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2024.04.05 11:46 I attest to the accuracy and integrity of this document