JOGINDER SINGH BALI Vs. STATE

JUDGEMENT

(1.) IN this petition, a short and simple, but interesting point of law is involved for consideration. The point it as to whether, despite dismissal of a writ petition and Letters Patent Appeal filed by a govt. servant against an order sending him on deputation, the said order can subsequently be cancelled and withdrawn. In other words, the point involved is as to whether the govt. can cancel or withdraw or rescind or revoke an order of transfer or deputation of a government servant despite the fact that the High Court en a petition filed by the said govt. servant challenging the said order of transfer or deputation dismissed the writ petition and upheld the order of transfer/deputation.

(2.) THE facts leading to the determination of aforesaid question are summarised as under: ¢

(3.) THE petitioner, Joginder Singh Bali and respondent Wo. 5 J.L. Bamzai are both working in and permanently borne on the cadre of the Power Development Department of Govt. of J&K. In 1987. while respondent No. 5 was holding the post of Incharge Zoologist, Geological Unit, J&K, Srinagar, the petitioner was holding the post of Assistant Geologist, but, was senior most on this post. There is no doubt and it is a undisputed fact that respondent No. 5 was superior and senior to the petitioner because at that relevant time he was working as Incharge Geologist whereas the petitioner was Assistant Geologist, even though senior most on this post. Vide govt. order No. 194 -PDD of 1987 dated 18.8.1987, sanction was accorded to the placing at the disposal of N.H.P.C. New Delhi the services of respondent No. 5 for a period of two years and on deputation and placing the petitioner as Incharge Geologist in his own pay and grade against the vacancy caused because of deputation of respondent No. 5 to N.H.P.C.