High Court of Punjab and Haryana, Chandigarh
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Jagbir Singh v. State of Haryana & Ors. - CWP-9456-2005  RD-P&H 9234 (26 October 2006)
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP NO. 9456 of 2005
DATE OF DECISION : 31.10.2006
State of Haryana and others.
CORAM: HON'BLE MR. JUSTICE M.M.KUMAR
HON'BLE MR. JUSTICE M.M.S.BEDI
PRESENT: Mr. MS Kang, Advocate for the petitioner.
Mr. Harish Rathee,Sr.DAG, Hry for respondents No.1 Ms. Vandana Malhotra, Advocate for respondents 2 & 3 M.M.KUMAR,J
Mr. M.S. Kang, learned counsel for the petitioner states that on 13.6.2005 the Division Bench of this Court had passed an interim order expressing prima facie opinion that the petitioner has been subjected to discrimination inasmuch as the period of three years prescribed for deputation is not being extended to the petitioner. It is an admitted position that the petitioner is to complete the aforementioned period of three years on 31.1.2007. Ms.Vandana Malhotra, Advocate appearing for respondents 2 and 3 has,however, cited two judgments of the Hon'ble Supreme Court in the cases of Mahesh Kumar K.Parmar and others vs S.I.G. of Police and others (2002) 9 S.C.C. 485 and Ram Ganga Command Area Development Authority and Another vs Sheetal Kumar Vaish and CWP No. 9456 of 2005 2
others (2003) 9 SCC 32 and argued that a deputationist has no right of continuation in the borrowing department after the expiry of deputation period.
In view of the above, without expressing any opinion on the merits of the controversy raised and keeping in view that the period of three years is to be completed within next three months i.e. 31.1.2007, we direct respondents 2 and 3 to retain the petitioner till the expiry of the aforementioned period. The petitioner shall have no right after 31.1.2007.
The rights of the parties shall not be prejudiced if the respondents wish to retain the petitioner beyond that period.
With the above observations and directions, the writ petition stands disposed of.
( M.M.KUMAR )
October 31 ,2006 ( M.M.S.BEDI )
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