YAMEEKA CHHIKARA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present writ petition, filed under Articles 226/227 of the Constitution of India, is to the order dtd. 10/6/2021 (Annexure P-12) whereby deputation of the petitioners has been cancelled with respondent No.3-Institute. Resultantly, they have been sent back to their parent Institutes, which, in the case of petitioner No.l, at Government Polytechnic Education Society (GPES), Sampla and in case of petitioner No.2, at GPES, Uttawar.

(2.) Counsel for the petitioners has submitted that as per the impugned order, the reason for cancellation of deputation is only on account of some writ petition which was filed by the employees of the Societies being transferred and interim orders having been passed. It is submitted that the petitioners' valuable rights of being selected on higher posts for a period of 2 years has unnecessarily been curtailed on account of non-application of mind by the State and therefore, the impugned order is not justified. It is submitted that on requests for extension of deputation period, the Government, after due application of mind, had extended the same till August, 2022 vide order dtd. 13/7/2020 (Annexure P-9) and in a knee-jerk reaction, it has undone the same, without having issued any notice to the petitioners.

(3.) State Counsel, on the other hand, has defended the said action on the ground that due to the rationalization of the diploma courses and restructuring of teaching posts in various Government Society Polytechnics, teaching posts, 30 faculty members of various Government Society Polytechnics became surplus and they were provisionally shifted to other Government Society Polytechnics. They had filed writ petitions challenging the orders of transfer/deputation/shifting of head-quarter of the employees and therefore, the matter had been reconsidered by the State.