KAMAL NARAYAN CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, by this petition, impugns the order dated 05. 05. 2007 (Annexure P/1) passed by the Secretary, government of Chhattisgarh, School Education Department, whereby, the petitioner was repatriated back to the education Department on being found not suitable on the post of Block Resource Centre Coordinator, Rajeev Gandhi Shiksha mission, Mahasamund.

(2.) THE facts, in brief, are that the petitioner was sent on deputation for a period of three years on 08. 08. 2005. Before completion of the period of three years i. e. 07. 08. 2008, the petitioner was repatriated back to the education department on the ground that the petitioner being assistant Teacher is not qualified to be sent on deputation on the post of Block Resource Centre Coordinator/assistant programme Coordinator on 05. 05. 2007 (Annexure P/1 ).

(3.) SHRI Anup Majumdar, learned counsel appearing for the petitioner submits that the order dated 05. 05. 2007 be quashed as it is stigmatic holding that the petitioner does not posses the required qualification. Secondly, the order recalling back the services of the petitioner from the deputation is without consent of the petitioner as well as without consent of the employer. Thus, the impugned order is bad in law on the ground that the petitioner was recalled back to the parent department before completion of the period of deputation, which cannot be done without substantive reasons.