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.