MUKESH NAHAR Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER claims that he was appointed on the post of Assistant Engineer in the Irrigation Department of the State Government vide order dt. 23. 01. 1980 (Annexure R/l ). He is aggrieved by the order dt. 23. 05. 2009 (Annexure P/1) by which he has been relieved from the Office of Narmada Valley development Authority, Indore (for short NVDA ).

(2.) ACCORDING to the petitioner he was working in the NVDA and in the circumstances he could not have been sent in the irrigation department. By way of rejoinder the petitioner has brought on record the order dt. 23. 05. 2009 (Annexure p/20) by which the Secretary NVDA, Bhopal has returned the petitioner's services to the irrigation department (his parent department ).

(3.) THE petitioner oft his appointment was posted at Narmada Project which was controlled by the irrigation department. On coming into existence the NVDA he along with many employees who were working in Narmada Project continued under NVDA. In the circumstances according to the petitioner his services could not have been sent back to the Irrigation/water Resources Department. It is also the case of the petitioner that the Secretary, NVDA is not authorised to pass order of repatriation/sending back of the petitioner to his parent department.