IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWPs No. 8690 & 8691 of 2011. Decided on 30th September, 2011. 1. CWP No. 8690 of 2011. Kishori Lal. …Petitioner. Versus State of H.P. & others. …Respondents. 2. CWP No. 8691 of 2011. Jagdish Chand ….Petitioner. Versus State of H.P. & others. ….Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice V.K. Ahuja, Judge. For the Petitioner(s) : Mr. Neel Kamal Sood, Advocate. For the Respondents : Mr. R.K. Bawa, Advocate General, with Ankush Dass Sood, Addl. AG and Mr. J.K. Verma, Dy. Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral) The petitioners are aggrieved since they are sent to the Rural Development Department on secondment basis. Learned Deputy Advocate General rightly points out that the secondment is made only to avoid hardship to the petitioners, as otherwise for want of work in the Forest Department, the petitioners would have faced retrenchment. Learned counsel for the petitioners, however submits in that event, the principle of last come first go should have been 2 adopted. Learned Deputy Advocate General submits that the department has created a surplus pool and it is from the surplus pool only, this secondment is made. It is seen that the petitioners have submitted representation(s) before the first respondent. There will be direction to the first respondent to look into only the aspect, as to whether the petitioners are the last come and first go either on retrenchment or secondment. The first respondent shall see that last come first go principle is adopted in the process, in either case, since the secondment is otherwise than option. In case the petitioners are relieved in the meanwhile, they may not be compelled to join the station to which they are sent on secondment basis and it will be open to them to avail leave of the kind due. The representation(s) filed by the petitioners will be disposed of in the light of the principle as stated above within a period of three weeks from the date of production of copy of this judgment alongwith copy of the writ petition(s) by the petitioners concerned before the first respondent. 2. The writ petitions are disposed of, so also the pending applications, if any. Authenticated copy to the learned counsel for the petitioners. (Justice Kurian Joseph), Chief Justice 30th September, 2011. (Justice V.K. Ahuja), (hl/kck) Judge. 3