C R GAUR Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against the order dated 14-2-2008 passed by the learned single Judge in W. P. No. 1854/2008 (s) filed under Section 2 (1) of the Madhya pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005.

(2.) THE facts briefly are that the appellant belongs to the services of farmers' Welfare and Agriculture Development Department. He was posted on deputation in the M. P. Rajya Krishi Vipnan Board by order dated 27-4-2006 for a period of one year. Thereafter, the period of deputation was extended for a period of one year upto 26-4-2008 vide order dated 2-8-2007, but by order dated 11-1-2008 he was repatriated to his parent Department, namely Farmers' welfare and Agriculture Development Department. Aggrieved, the appellant filed Writ Petition No. 1854/2008 (s) under Article 226 of the Constitution of india and the learned Single Judge relying on the judgment dated 2-7-2007 of the Division Bench of this Court in the case of Anil Kumar Nanda Vs. State of m. P. and others, in W. A. No. 802/2007, held that the appellant has no enforceable right in his favour to continue on deputation.

(3.) MR. R. K. Tiwari, learned Counsel appearing for the appellant submitted that in a recent decision of the Apex Court in Union of India and another Vs. V. Ramakrishnan and others [ (2005) 8 SCC 394], the Apex Court has taken a view that when the tenure of deputation is specified, despite a deputationist not having an indefeasible right to hold the said post, ordinarily the term of deputation should not be curtailed except on such just grounds as, for example, un-suitability or unsatisfactory performance. He submitted that in the present case, the period of deputation was extended upto 26-4-2008 and hence the appellant should have been allowed to continue on deputation till 26-4-2008.