Civil Writ Petition No.8903 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.8903 of 2008 (O&M) Date of Decision 20.05.2009 Meenakshi Rana ......Petitioner VERSUS State of Haryana and others ......Respondents CORAM:-HON'BLE MR. JUSTICE AJAY TEWARI Present: Mr.Madan Pal, Advocate, for the petitioner. Mr.A.K.Gupta, Addl.A.G., Haryana, for the respondent-State. ***** AJAY TEWARI, J(ORAL): This writ petition has been filed by the petitioner for quashing of the impugned order dated 29.12.2005, whereby the petitioner was adjusted with respondoent No.2. The petitioner was appointed under the ex-gratia scheme for compassionate appointment in the Agriculture Department-respondent No.3, on the death of her father. Since the post against which she was appointed was rendered surplus, the petitioner was adjusted with respondent No.2. The claim of the petitioner in the present writ petition is that in the case of some similar situated persons, on vacancies having arisen with respondent No.3, the said persons were re-adjusted back in the Directorate of Agriculture. Now some more posts are available with respondent No.3 and thus, the petitioner should be sent back to the Jail Department-respondent No.2. The challenge of the petitioner is to the action of respondent Civil Writ Petition No.8903 of 2008 2 No.2 in not relieving her. In my opinion, no right inheres in the petitioner to demand that respondent No.2 should mandatorily relieve her, so that she can join back with respondent No.3. Learned counsel for the petitioner has argued that no consent was taken from the petitioner and whenever any person has been sent out from a cadre whether on deputation or transfer, the requirement of taking his consent is mandatory. In my opinion, this argument of learned counsel for the petitioner is meritless. The condition of consent would apply only where an employee has a lien against the post. The post having been rendered surplus, the petitioner could have no right to claim that she has to be adjusted against that post. Of course, if the petitioner had been retrenched, it would have been a different story. However, as noticed above, the respondents in an act of grace, adjusted the petitioner with respondent No.2, who is now her employer. Learned counsel for the petitioner has cited Jawaharlal Nehru University v. Dr.K.S.Jawatkar and others AIR 1989 Supreme Court 1577 in support of his argument. In that case Jawaharlal Nehru University had set up a Centre of Post Graduate Studies at Imphal. Subsequently, the centre was transferred to the Manipur University alongwith the staff. The Hon'ble Supreme Court held as follows:- "Inasmuch as the transfer of the Centre of Post-graduate Studies from the appellant University to the Manipur University could not result in a transfer of the employment of the respondent from the one to the other, it must be concluded that the respondent continues in Civil Writ Petition No.8903 of 2008 3 the employment of the appellant University. The transfer of the Centre of Postgraduate Studies to the Manipur University may be regarded as resulting in the abolition of the post held by the respondent in the appellant University. In that event, if the post held by the respondent is regarded as one of a number of posts in a group, the principle "last come, first go" will apply, and someone junior to the respondent must go. If the post held by him constitutes a class by itself, it is possible to say that he is surplus to the requirements of the appellant University and is liable to be retrenched, but it appears that the respondent has been adjusted against a suitable post in the appellant University and, has been working there without break during the pendency of the litigation, and we cannot, therefore, permit the appellant University to retrench him." A perusal of this paragraph reveals that what the Hon'ble Supreme Court has held, is contrary to what the learned counsel for the petitioner is canvassing. Consequently, this writ petition is dismissed. May 20, 2009 (AJAY TEWARI) mamta-II JUDGE