MAHARAJ SINGH YADAV Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANT /writ petitioner is posted as an Assistant Engineer in MANREGA in Rahatgarh, District Sagar. It is stated that he originally belongs to the Water Resource Department and was sent on deputation to MANREGA. While he was being repatriated back to his parent department vide orders dated 29.11.2013, 26.2.2014 and 29.3.2014, he challenged the same in the writ petition. The challenge having failed, this appeal under section 2(1) of the MP Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed.

(2.) IT is the case of the appellant that he was initially appointed in the Water Resources Department on 21.1.1981, as a Sub Engineer. Thereafter, he was sent on deputation vide order dated 13.6.2008 to the office of National Guarantee Scheme in the Department of Panchayat and Rural Development. It is seen that he is now being repatriated back to his parent department and when challenge to the repatriation failed in the writ court, this appeal has been filed.

(3.) SHRI Vipin Yadav, learned counsel for the appellant, argued that appellant was appointed on deputation in MANREGA, based on certain request sent for appointment in MANREGA; and, as the appellant is appointed by deputation in the said establishment, he cannot be repatriated back treating him to be on deputation.