K.C. SETHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rejoinder, to the replication filed by the petitioner, filed on behalf of respondents 1 to 3 along with Annexures R-10 to R-16, is taken on record.

(2.) Application filed on behalf of the petitioner for placing on record appointment letters as Annexures P-15 to P- 19, is allowed, as prayed for.

(3.) The petitioner challenges the order issued by the Financial Commissioner-cum-Principal Secretary to Government Haryana, Technical Education, issued on 17.11.2011, directing that the petitioner, who was working as a Principal, Government Polytechnic, Education Society, Uttawar, repatriating him to his parent cadre in the post as senior Lecturer in Mechanical Engineering at Government Polytechnic, Sonepat, against the vacant post with immediate effect. The petitioner's contention is that when the order of appointment had been issued, it specifically contained a recital that he was selected for "appointment" on transfer basis to the post of Principal. The petitioner's claim is that when he accepted the offer which was issued on 18.06.2007, it was only on the basis that he was being appointed on a transfer basis and the question of repatriating him to his parent department did not arise. The petitioner also points out to the fact that in the same order, there is a reference to the petitioner being placed on probation for a period of one year which would have been inconsistent with an order of transfer by deputation. The petitioner would refer to an instance of yet another person Labh Singh, who had been appointed about the same time and when he was asking for a repatriation to his parent department, he having been issued with a letter of appointment by transfer, the respondents specifically responded that he was not on deputation in the institute, but he was a regular officer of the institute and, therefore, he could not be considered for being repatriated. The petitioner would rely on a subsequent advertisement which had been issued when the writ petition was filed and pending on 10.04.2012 calling for applications for filling-up the posts of Principals and Heads of the Department including the College at the Government Polytechnic Uttawar for appointment on transfer basis. This is a manner of showing that the respondents had, at all times, known that the ultimate order to take effect was one of appointment by transfer and not on deputation and that is why even the order appointment that was given had been only for an appointment on transfer basis.