Sanjeev Kumar Sheoran v. State Of Haryana And Others
CWP No.14437 of 2020 -1- 2024:PHHC:057464
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH ***** CWP No.14437 of 2020 Date of Decision : 26.4.2024 Sanjeev Kumar Sheoran ..... Petitioner versus The State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present: Mr. Shalender Mohan, Advocate, for the petitioner Mr. Rohit Arya, DAG, Haryana --- TRIBHUVAN DAHIYA J. (ORAL): The petition has been filed, inter alia, seeking a writ of certiorari quashing the order dated 21.8.2020, Anexure P-7, passed by the first respondent, whereby the petitioner's deputation was cancelled without considering his request.
2.
Learned State counsel contends that the petitioner, who was working as Lecturer in Government Polytechnic College, Hisar, was sent on deputation as Assistant Professor to Chaudhry Ranbir Singh State Institute of Engineering and Technology, Jhajjar, for a period of three years against a vacant post, vide office order dated 31.7.2017, Annexure P-1. He approached this Court seeking extension of deputation by another two years which was cancelled by the impugned order. Pursuant to interim order dated 15.9.2020, he has continued on deputation ever since. As per Rule 137 of the Haryana Civil Services (General) Rules, 2016, the maximum period for which an employee can be sent on foreign service is Ashwani Kumar 2024.04.29 18:27 I attest to the accuracy and integrity of this document
CWP No.14437 of 2020 -2- 2024:PHHC:057464 five years, and the period was over on 3.8.2022. Accordingly, petitioner's remaining on deputation after that period is in violation of the Rule. 3.
There is no denial to the fact that maximum period of deputation permitted for an employee is five years, which undisputedly was over on 3.8.2022. The petitioner has already availed the maximum period of deputation, and has no right to continue as such any longer. 4.
Accordingly, the petition is disposed of as infructuous, directing the fifth respondent to relieve the petitioner within two weeks to join back his parent institute/polytechnic or wherever he is posted by the Department.
(TRIBHUVAN DAHIYA) JUDGE 26.4.2024 Ashwani Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No Ashwani Kumar 2024.04.29 18:27 I attest to the accuracy and integrity of this document