Om Parkash Vs the Cskhpkvv and Others

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No.12965 of 2025 Date of Decision: 12.08.2025

_______________________________________________________ Om Parkash …….Petitioner Versus Chaudhary Sarwan Kumar Himachal Pradesh Krishi Vishvavidyalaya & Ors. ….Respondents

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Coram:

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Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting?¹

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For the Petitioner: Mr. Arun Rana, Advocate. For the Respondents : Mr. Prince Chauhan, Advocate, for respondent No.1. Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals, with Mr. Ravi Chauhan, Deputy Advocate General, for the respondents-State.

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____________________________________________________ Sandeep Sharma, Judge (oral):

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Precisely, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by Mr. Arun Rana, learned counsel representing the petitioner is that despite repeated requests, no action is being taken by the respondents for his repatriation to the parent department.

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2. Vide order dated 23.01.2016 (Annexure P-1), petitioner herein was sent on secondment basis to the office of District Panchayat Officer, District Kangra at Dharamshala, Himachal

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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2

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Pradesh. More than 13 years have passed, but till date, petitioner has not been repatriated to his parent department.

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3. In similar facts and circumstances, employee of the respondent No.1-Institute had approached this Court by way of CWP No.3196 of 2022, titled Santosh Kumar Vs. Chaudhary Shrawn Kumar Himachal Pradesh Krishi Vishvavidyalaya (Annexure P-2), wherein direction was issued to recall the services of the petitioner forthwith. Apart from above, this Court finds that a similarly situated person namely Anju Bala, who was earlier on secondment basis with the H.P. Board of School Education, has been ordered to be repatriated to her parent department on the intervention of the office of Hon’ble the Chief Minister of H.P. 4. Needless to say, no Government employee can be sent on secondment basis for an indefinite period. Appointment on deputation or secondment basis in other department is always for limited period. Though in terms of Recruitment & Promotion Rules of department concerned, process can be initiated for absorption of an employee sent on deputation/secondment basis, but even in that case, option is required to be taken from the employee concerned. At this stage, it would be apt to take note of judgment passed by Division Bench of this Court in CWP No.7639 of 2019, titled Manoj Kumar Vs.

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3

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Chaudhary Shrawan Kumar, H.P. Krishi Vishvavidalaya , decided

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on 15.12.2021, wherein it was held as under:

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“It is rather shocking that the petitioner, who is merely a Beldar, has been kept on secondment basis for over a period of more than 7 years, that too posted at Una, whereas his parent department otherwise would have been the respondent-University. Not only this, a similar situate person one Anju Bala, who was earlier on secondment basis with the H.P. Board of School Education, has been ordered to be repatriated to her parent department, though through the intervention of the office of Hon’ble the Chief Minister of H.P.

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2. Why the step motherly treatment has been meted out to the petitioner is not at all forthcoming. After all, no person can be kept on second/deputation, for an indefinite period, that too contrary to her/his wishes.

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3. Therefore, in the given facts and circumstances of the case, the present petition is allowed with a direction to the respondent to recall the services of the petitioner from secondment and repatriate him to his parent department forthwith.”

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5. Consequently, in view of the above, present petition is

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allowed with the direction to respondents to recall the services of the

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petitioner from secondment and repatriate him to his parent department forthwith, preferably, within a period of six weeks, from the date of receipt of copy of this order.

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Pending applications, if any, also stand disposed of.

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(Sandeep Sharma), Judge

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August 12, 2025 (sunil)

Om Parkash v. the Cskhpkvv and Others

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Om Parkash v. the Cskhpkvv and Others

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