IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP (T) No. 297/2008 Decided on:27.8. 2009 ________________________________________________ Ashwani Chambyal. …Petitioner. Versus State of Himachal Pradesh and others. … Respondents. __________________________________________________________ Coram: Hon’ble Mr. Justice R.B. Misra, Acting Chief Justice. Hon’ble Mr. Justice Rajiv Sharma, Judge. Whether approved for reporting?1 For the petitioner : Mr. K.S. Banyal, Advocate. For the Respondents: Mr. R.K. Bawa, Advocate General with Mr. P.K. Sharma, Additional Advocate General, Mr. J.K. Verma and Mr. Anil Jaswal, Deputy Advocate Generals for respondents No.1 to 3. ________________________________________________________ The petitioner was appointed as Trained Graduate Teacher (Science) (Non-medical) on 14.9.1999. The petitioner was transferred from Government Middle School, Bherari to the office of Deputy Director, Higher Education, Hamirpur as Science Consultant vide order dated 27.5.2003. He has assailed the office order dated 2.2.2008 whereby he has been repatriated to his parent department from the office of Deputy Director, Higher Education, Hamirpur and 1 Whether reporters of the local papers may be allowed to see the judgment? 2 further transferred to Government Senior Secondary School, Millah, District Sirmaur against the vacancy on administrative ground with TTA. The cadre of the Trained Graduate Teachers is State cadre. It is the prerogative of the State to see where a particular employee is to be posted taking into consideration the larger public interest. The petitioner has no right to continue as Science Consultant in the office of the Deputy Director, Higher Education, Hamirpur. Mr. B.S. Banyal, Advocate has strenuously argued that the petitioner could not be repatriated vide impugned order. We see no merit in this contention. The maximum period for deputation is three to five years. The petitioner has not cared to produce on record the order whereby he was appointed as Science Consultant in the office of Deputy Director, Higher Education, Hamirpur initially. It was absolutely necessary for him to place this document on record. The petitioner has concealed this vital information from this Court. The Court can safely presume that the document whereby he was sent on deputation for the first time as Science Consultant to the office of Deputy Director, Higher Education, Hamirpur contained the maximum period for which he was sent. The petitioner was posted as Science Consultant on 3.5.2003 and when the impugned order was passed on 2.2.2008, he had almost completed five years. The learned Himachal Pradesh Administrative Tribunal had stayed the operation of the order dated 2.2.2008. Practically, he had been working as Science Consultant for more than six years as of today. It is also borne out from the record that the petitioner had remained posted in and around Hamirpur except for five months from 16.11.2002 to 26.5.2003. 3 In these circumstances, since the petitioner had completed even the maximum period of deputation, there is no infirmity or illegality in the order passed by the competent authority vide Annexure A-1. Consequently, the petition is dismissed. The interim order dated 8.2.2008 is vacated. It is open for the respondent-State to post him at any station in public interest. No costs. (R.B. Misra), Acting Chief Justice (Rajiv Sharma), Judge 27.8.2009. *awasthi*