Sri Gagan Pant v. State

5. Sri Gagan Pant son of late Sri Hem Chandra Pant, presently posted as Supervisor, Horticulture Research and Extension Centre, Dhakrani, Dehradun.

6. Sri Hari Mohan Upadhayaya son of Govind Ballabh Upadhayaya presently posted as Lab Assistant, Extensions district Almora. Horticulture Centre, Chaubattia, Research

7. Sri Chandan Singh Rautela son of Sri Diwan Singh Rautela, presently posted as Driver, Horticulture Research and Extension Centre, Jeolikote, district Nainital. -----Petitioners. Versus

1.State of Uttaranchal Horticulture, Government Secretariat, Dehradun, Uttaranchal. through Secretary, of Uttaranchal,

2.Director, Horticulture, Government Uttaranchal, Dehradun.

3. Gkovind Ballabh Pant University of Agriculture & Technology, Pant Nagar, Udham Singh Nagar through Vice Chancellor. -----Respondents Sri Sudhansu Dhulia assisted by Sri Vipul Sharma, Adv, learned counsel for petitioners. Sri Rajendra Dobhal, Advocate for the respondents. HON’BLE RAJESH TANDON, J. Heard Sri Vipul Sharma, Advocate for the petitioners and Sri Rajendra Dobhal, Standing Counsel for the respondents. Both the parties have submitted that the writ petition may be disposed at the admission stage. By the present writ petition the petitioners have prayed for a writ of mandamus commanding the respondents to repatriate the petitioners to their parent department, i.e. Department of Horticulture Uttaranchal. Briefly stated, the petitioners are the Junior Research Assistants, Chemical Assistant, Supervisor, Lab Assistant and Driver in the department of Horticulture of Food Processing Uttaranchal. In the year 2003 Government of Uttaranchal has sent the petitioners on deputation to Pandit Govind Ballabh Pant Agriculture University district Udham Singh Nagar vide order dated 2nd of July, 2003 and 29th of October, 2003. By sending the petitioners on deputation on 2nd July, 2003 certain norms were adopted in the meeting of 2nd July, 2003 and relevant factors are quoted below: fnukWd 2 tqykbZ 2003 dks lfpo egksn; v?kku dh v/;{krk ,oa la;qDr lfpo m?kku funs”kd rFkk vuqla/kku 'kk[kk ds izfrfuf/k e.My ds lkFk gqbZ cSBd esa fuEu fcUnqvksa ij lgefr gqbZ% 1% 'kklukns”k la[;k 827@216@iz0l0o0xzk-0fo0@2001 nsgjknwu fnuWkd 12 ebZ 2001 ds fcUnw 3 esa vkaf”kd la”kks/ku fd;k tk;sxkA rkfd LiIV gks lds fd orZeku dkfeZdksa dh izksUufr ds volj rFkk lsok 'krsZ ;Fkkor cuh jgsxhA inksUufr dks dksbZ Hkh in lekIr ugha fd;k tk;sxkA mDr 'kklukns”k ds layXu 2 esa tks 'kks/k ds in foHkkx ds v/khu j[ks 2- x;s gS mu ij dsoy lh/kk 'kk[kk ds dkfeZdks dsk izksUufr gsrq /kkj.kkf/kdkj j[kk tks;xkA iUruxj fo”ofo?kky; ds v/khu dk;Z djrs gq, Hkh mUgsa foHkkx esa izksUufr nh tk;sxhA 3- funs”kd egksn; }kjk crk;k x;k fd iUruxj fo”ofo?kky; }kjk izLrkfor 'kks/k 'kk[kk dks <+kpkW vHkh 'kklu }kjk Lohd`r ughs fd;k x;k gSA 'kklu }kjk ;g vk”oLr fd;k x;k fd fdlh Hkh dk;Zjr deZpkjh dks ljIyl ugha fd;k tk;sxkA fo”ofo?kky; }kjk 99 inksa dks lfEefyr djrs gq, iqu% <kpk rS;kj djus dh dk;Zokgh dh tks;xhA 5- fo”ofo?kky; ds v/khu izfrfu;qfDr ij tkus okys dkfeZd okil iSr`d foHkkx esa vkus dks LorU= gksaxsaA okil vkus ij m?kku foHkkx dh vU; xfrfof/k;ksa rFkk vko”;drkuqlkj dk;Z lEikfnr djk;k tk;sxkA On the basis of the aforesaid norms, the order of deputation was passed. The order was passed sending the petitioners on deputation. Clause (4) is quoted below: lEcfU/kr dkfeZdksa ds izksUufr ds fo?keku volj ;Fkkor jgsaxs 4- foHkkx }kjk inksUufr iznku fd;s tkus ds Ik”pkr Hkh os fo”ofo?kky; esa gh dk;Zjr jgsxsA bu dkfeZdksa dh izksUufr ds dksbZ Hkh in foHkkx }kjk lekIr ugha fd;s tks;xsA 5- ds vuqlkj gh O;og`r gksxsA bu dkfeZdksa dh lsok 'krsZa m?kku foHkkx dh laxr lsok fu;ekoyh As will appear from the aforesaid order of deputation the petitioners have every right of repatriation the parent department. The petitioners have given the details of the joining in the department of Horticultures on different posts. The said classification is given in para 4 of the writ petition. The same are quoted below: “Petitioner No. Date of appointment Name of the post presently the petitioners working Petitioner no.1. 07.01.1991 Lab Assistant. Petitioner no.2. 09.09.1984 Junior Research Assistant. Petitioner no.3. 24.01.1991. junior Research Assistant. Petitioner no.4. 10.07.1972. Chemical Assistant. Petitioner no.5. 23.05.1997. Supervisor. Petitioner no.6. 17.01.1991. Lab Assistant. Petitioner no.7. 03.08.1993. Driver. The petitioners have made their grievances by way of representation dated 27.02.2006. In paragraph No. 4 of their representation they have stated that in clause (4) of the Government order the promotional avenue was open but department is not taking any action for promoting the petitioners and, as such, job of the petitioners by remaining in deputation has prejudiced the promotion of the petitioners. Petitioners have submitted that in accordance with condition No. 5 as settled between the department and the petitioners dated 2nd of July, 2003 the promotional avenue of the petitioners will not be affected. Petitioners have further submitted that said representation has not been decided. Further, the grievance of the petitioners are that advertisemenst has been made by G.B. Pant Agriculture University for filling the posts. Sri Rajendra Dobhal has submitted that so far as the department of the petitioners, i.e. Horticulture and Food Processing, the posts are not meant of parent department. In view of the aforesaid averements, the promotional avenue of the petitioners will not be prejudiced and I hope and trust that in view of the order passed sending the petitioners on deputation the promotional avenue of the petitioners will not be effected by the respondents. In the meantime the representations filed by the petitioners for sending the petitioners to the parent department may be considered and appropriate orders may be passed by respondent No. 1. However, it is made clear that the conditions mentioned in the order dated 29.10.2003 and 2nd July, 2003 will remain alive for future promotions of the petitioners. The respondents may take suitable action in deciding the representations of the petitioners by sending the petitioners to the parent department and making an avenue for future promotions in accordance with the agreement dated 2nd July, 2003 and the order passed on

29.10.2003. The respondents shall in the meantime take into consideration that the promotional avenue the petitioners are not effected by any recruitment. The respondents are directed to decide the representations of the petitioners within a period of six weeks from the date of production of certified copy of the order. In view of the above observations, the writ petition is disposed of. No order as to costs. (Rajesh Tandon, J.)

30.03.2006 Negi