SUBHASH SHARMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) PETITIONER was appointed in the Respondent No. 5 -Corporation as a Clerk. He was posted in Agricultural Workshop, Bhangrotu, District Mandi, Himachal Pradesh, which was transferred from Agriculture Department to the Corporation on 1st January, 1978. He was sent on deputation with Kandi Project at Una and was relieved from the Agricultural Workshop, Bhangrotu on 30th November, 1991. The Agricultural Workshop, Bhangrotu was retransferred to the Agriculture Department alongwith assets, liabilities and staff with effect from 31st March, 1994.

(2.) THE name of the Petitioner could not be included in the list of employees whose services were liable to be absorbed in the Agriculture Department. The Managing Director of the Respondents No. 5 -Corporation brought this fact to the notice of Respondent No. 2 on 12th January, 1995. Petitioner also made a representation to Respondent No. 3 and also to Hon 'ble Chief Minister on 23.7.1998. However, the fact of the matter is that the Petitioner was not absorbed and he was repatriated from Kandi Project at Una to the H.P. Agro Industries Corporation Ltd.

(3.) MR . P.M. Negi, learned Deputy Advocate General appearing on behalf of Respondents No. 1 to 3 has strenuously argued that since the name of the Petitioner could not be included in the letter dated 17.9.1996, he could not be absorbed in the Agriculture Department.