WA 405/2007 BEFORE HON’BLE THE CHIEF JUSTICE MR MADAN B LOKUR THE HON’BLE MR JUSTICE HRISHIKESH ROY The appellant is aggrieved by an order dated 2nd May, 2007 passed by the learned Single Judge in WP(C) No. 620/2007. The appellant was working as an Agriculture Extension Officer in the Irrigation Department of the Govt. of Assam. From there, he was posted on deputation by an order dated 14.3.2001 to the Panchayat and Rural Development Department. The app ellant continued in that post for sometime and since he was not being regularize d in the Panchayat and Rural Development Department, he filed a writ petition in this Court. Before the learned Single Judge the appellant relied upon a Notification dated 1 9th July, 1997 by virtue of which he claimed that he is entitled to regular abso rption in the Panchayat and Rural Development Department. The learned Single Judge did not agree with the view canvassed by the appellant and accordingly dismissed the writ petition. Under the circumstances, the appellant is before us. We have gone through the case records as well as the Notification which is sough t to be relied upon by learned counsel for the appellant. This Notification is as follows: - GOVERNMENT OF ASSAM FINANCE (ESTABLISHMENT A) DEPARTMENT DISPUR : GUWAHATI Memo No. CEC 13/92/pt/14 Dated Dispur 19th July/97 OFFICE MEMORANDUM Sub : Transfer of State Government of Assam, to other Government Companies Corporation ETC on Deputation procedure thereof. A State Government employees may be sent on deputation to serve under Ce ntral Government and other Government or Bodies incorporated or not wholly or su bstantially owned or control has been laid down Finance Department OM No. 102/61 /132 dated 10.5.65 followed by OM No. FEC 102/61/304 dated 20.7.77. To simplify and streamline processing of the proposal for deputation of State Govt. employees the Governor of Assam pleased to lay down following furthe r procedures to be followed strictly while deputing State Govt. employees. 1. Maximum period of deputation will be for a period of 5 years. After expi ry of 5 years the employee must revert to his parent department failing to which he/she shall deem to be permanently absorbed in the deputed organization. In no circumstances, Finance will accept proposal for deputation beyond five years. 2. Terms and conditions of deputation for the first term should be fixed in consultation with Finance (Esstt.-A) Department. No Government employee be rele ased on deputation without first fixing the terms and conditions of deputation. 3. Consequential deputation is finalized in consultation with Finance Depar tment an Administrative department will be competent to extend deputation upto the 4th year on terms and conditions of initial deputation. Deputation for the 5 th year where considered necessary in the interest of public service may be allo wed with prior approval of Finance (Esstt.-A) Department. 4. Employees with less than 10 years of continuation regular services will not be considered for deputation. 5. No employees having less than 10 years of service for superannuation sho uld be sent on deputation and such proposal should be initiated by Administrativ e Department. 6. The vacant post due to the deputation should not be filled up. 7. No employee/officer should be allowed to go on deputation more than two times in his service life. Sd/- Illegible, Commissioner and Secretary to the Govt. of Assam, Finance (Estt.-A) Department. A bare perusal of the Notification suggests that it is applicable only to a Stat e Government employee who is sent on deputation to the Central Government or to the State Government or to bodies incorporated by the Central Government or Stat e Government. In the case of the appellant, he was sent on deputation from one Department of t he Government of Assam to another Department of the Government of Assam. The Off ice Memorandum dated 19th July, 1997 is ex facie not applicable to the appellant at all. This was the view taken by the learned Single Judge and we see no reaso n to interfere with the order passed. There is no merit in this appeal. The appeal is dismissed. The learned Single Judge while dismissing the appeal granted liberty to the appe llant to make representation to the respondents. The appellant has not yet made any representation. He is at liberty to now do so .