Dalbeer Singh vs Director Secondary Edu&Ors

Present writ petition has been filed under Article 226 of the Constitution of India praying that the appointment letter dated 08.01.2016 issued in favour of Bahadur Singh-respondent No.4, be set aside as same is not legally sustainable.

In the present writ petition, much-ado has been made over a trivial issue. To cut the long story short, it is noticed that petitioner was initially appointed as a Senior Teacher on

16.12.1991. He earned promotion and was last promoted as Principal Government Adarsh Senior School Tala, Jamwaramgarh, Jaipur. Meanwhile, the petitioner on 09.10.2015 was sent on deputation as an Additional District Project Co-ordinator in Government Secondary Education Council. The period of deputation of the petitioner was one year. It is undeniable fact that during the period of deputation, respondent-employer can recall the services of the petitioner. It is undisputed fact that in a master servant relationship, master can recall any servant sent on deputation to any organisation.

The above proposition of law has been accepted by counsel for the petitioner.

Counsel for the petitioner has submitted that, however, order recalling of the petitioner from deputation was not served upon the petitioner and at his back, he was wrongly relieved.

Order dated 16.12.2015 recalling the petitioner from deputation has been annexed with the reply as R-1.

Mr. Ram Rakh Sharma, counsel for the petitioner, has submitted that the petitioner was relieved vide order dated 21.12.2011 (Annexure R-2). Counsel has contended that order Annexures R-1 & R-2 are subject matter of a challenge before Rajasthan State Civil Services Appellate Tribunal (hereinafter called "The Tribunal"). It is contended that the said orders have been stayed by "The Tribunal". Furthermore, "The Tribunal" has made a reference to this court regarding disobedience of the orders (R-1 & R-2).

Mr. S.K. Gupta, ld. AAG, has denied this fact and contended that orders (R-1 & R-2) have not been challenged before "The Tribunal" and therefore, no question of the stay of orders (R-1 & R-2) arises.

At this juncture, Mr. Ram Rakh Sharma, learned counsel for the petitioner, has very fairly submitted that since he cannot challenge the prerogative of the employer to recall the services of the petitioner, he will urge before this court that petitioner be given fresh place of posting and in pursuance thereof, petitioner shall join forthwith and furthermore, the period from the date on which petitioner was relieved and the date he join his place of fresh posting, be treated as a period on duty.

Mr. S.K. Gupta, ld. AAG, accepting the offer made by

Mr. Ram Rakh Sharma, has very fairly submitted that let petitioner join as Principal, Government Senior Secondary School, Jhar, Tehsil Bassi, District Jaipur on or before 06.03.2017 and in case, petitioner do so, the period from 16.12.2015 till date of joining on or before 06.03.2017 shall be considered as a period on duty by the respondents. As jointly prayed, the present writ petition is disposed of in terms of the statement made by Mr. S.K. Gupta, ld.

Additional Advocate General for the State of Rajasthan.

Since the present order has been passed, in view of the broad consensus arrived between the parties, it is expected that all Inter-se litigation pending between the parties shall come to an end forthwith.

Copy of this order be handed over to Mr. S.K. Gupta, ld.

AAG, under the seal and signature of Court Master for onward transmission and necessary compliance.