07.09.2005 (Annexure P-1) was received from the Chief Secretary, vide which recruitment, in the Haryana Civil Secretariat, of Drivers on transfer basis was sought to be made and the candidates, who were interested in the said process of selection, were called upon to submit their applications through proper channel. Petitioner, in pursuance to the said communication, submitted an application, which was duly forwarded by the Director, Horticulture Department, Haryana. Interview was held on 19.10.2005, in which the petitioner participated and was selected. In pursuance to the order dated 31.10.2005 (Annexure P-3), petitioner submitted his joining report on 10.11.2005 (Anneuxre P-4) in the Civil Secretariat, Haryana. He continued as such till the order dated 01/03.06.2011 was passed repatriating him to his parent department. Counsel contends that this order of repatriation is in violation of the terms and conditions of his appointment as is spelt out from the order of appointment dated 31.10.2005 (Annexure P-3). He contends that although the appointment of the petitioner was on purely temporary basis but there was a specific clause, according to which, he could only be repatriated back to his department, in case there was no vacancy, against which he could be appointed or continued to officiate in the Haryana Civil Secretariat. He further contends that there was a specific clause (vi), which deals with the seniority of the officials which was fixed as per the normal rules/instructions governing the same. He, on this basis, contends that order dated 01/03.06.2011 (Annexure P-5) cannot sustain and deserves to be set aside.
