VIMAL KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Apporva Tewari, learned counsel for the petitioner, Sri Kazim Ibrahim, learned counsel appearing for respondents No. 2 and 3 and learned Standing Counsel for the State-respondents.

(2.) Petitioner has raised challenge to the order dtd. 8/7/2020, passed by the second respondent, Director State Urban Development Agency (for short ''SUDA'), repatriating the petitioner to his parent department. A further challenge has been raised to the consequential order dtd. 15/7/2020, whereby, the petitioner has been relieved from the post of Project Officer, District Unnao Development Authority Sultanpur, and order dtd. 29/7/2020, whereby, the fourth respondent has been posted on the said post.

(3.) The facts, briefly stated, for the purposes of the present writ petition, is that petitioner came to be appointed in 1987 on the post of Junior Clerk in the Department of Animal Husbandry, Government of U.P. Pursuant to a requisition issued by the State Urban Development Agency on 21/6/2017, petitioner applied for appointment on deputation for the post of Project Officer. The requisition was followed by an advertisement dtd. 26/6/2017, published in daily Amar Ujala. Petitioner applied for the post of Project Officer through proper channel on 3/7/2017, upon selection, petitioner was issued appointment order dtd. 27/10/2017. An agreement dtd. 17/11/2017, setting forth the terms and conditions of appointment was entered between the petitioner and SUDA, wherein, the maximum period of deputation was provided at 5 years, but renewable every year. On accepting the terms and conditions of appointment, petitioner came to be relieved by his parent department on 4/12/2017, thereafter, petitioner submitted his joining before the second respondent on 5/12/2017. Petitioner came to be posted Project Officer, District Urban Development Authority, Sultanpur (for short ''DUDA') on 2/1/2018, consequently, petitioner joined the post at Sultanpur on 6/1/2018.