IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 864 of 2006. Judgement reserved on: Date of decision: May 7, 2008. Surinder Vashistha ….. Petitioner. Vs. State of H.P. & ors. …. Respondents. Coram The Hon’ble Mr. Justice Deepak Gupta, Judge. The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner: Mr. Viveka Nand, Advocate. For the Respondents : Mr. R.M. Bisht, Deputy Advocate General. Deepak Gupta, Judge (Oral). The petitioner, who is working as Block Resource Coordinator Centre, by means of this writ petition has prayed that the respondents be restrained from transferring or repatriating him to his parent department. The parties are in agreement that the dispute in question is squarely covered by a judgement of this court delivered in CWP No. 885 of 2006. 2. In the said judgement, we had held as follows:- “ In view of the aforesaid facts, we are of the considered view that it is in the interest of the SSA as well as in the interest of the under privileged children for Whether the reporters of the local papers may be allowed to see the Judgment? …2… whose benefit this Abhiyan has been started to ensure the continuity of the persons appointed under the scheme. However, this does not mean that BRCC can be repatriated to his parent post under any circumstances. We can envisage various circumstances where fresh appointments/ transfers may have to be made. Some of them are set out below:- i) When the incumbent BRCC retires, he is to be replaced by a fresh appointee; ii) When the incumbent BRCC is promoted he may not want to forego his promotion and in such an eventuality, he will obviously have to be posted out and in his place a fresh BRCC shall have to be appointed; iii) There may be cases where the BRCC personally requests for being transferred out on some personal grounds; iv) The Project Director and the authorities who over- see the functions of the SSA have also the right to review the functioning of the BRCCs. In case, they find on the basis of tangible material that a particular person has been unable to perform adequately and has failed to deliver the expected results then even on the ground of non- performance, such a BRCC can be ordered to be repatriated to the parent department. However, …3… before doing so, the entire material on the basis of which his performance is evaluated must be gone into; v) There may be case where there are allegations of misconduct against the BRCC. In such cases also, the BRCC may be repatriated; vi) There may be cases where the BRCC acts in such a manner which adversely affects the target of the SSA. In such a case or any other case where the objectives of the SSA are likely to be adversely affected by the functioning of a particular employee as BRCC, the said person may be repatriated. However, in normal course, if the person holding the post of BRCC is working satisfactorily, he shall not be repatriated till the goals of the scheme are fully achieved and it comes to an end.” 3. The directions given above shall cover the present case also. The writ petition is disposed of in the light of the aforesaid directions. No costs. ( Deepak Gupta ), Judge. May 7, 2008. ( Kuldip Singh ) (Hem) Judge.