1 S.B.CIVIL WRIT PETITION NO. 7779/2008 Pat Ram Sihag Vs State of Raj. & Ors. Date of Order :: 01.05.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr Sikandar Khan, for the petitioner. Mr D.S. Rajvi, for the respondents. ... This matter came up for orders on an application under Article 226(3) of the Constitution of India for vacation of the ex parte interim order passed by this Court on 27.9.2008, however, with the consent of counsel for the parties the matter is heard for final disposal. In brief facts of the case are that the petitioner a Teacher Gr.III with Department of Education was deputed with Sarva Shiksha Abhiyan, a Scheme controlled by the Rajasthan Council of Elementary Education, on 5.3.2003. By an order dated 16.9.2008 the Block Resource Central Facilitator, Sarva Shiksha Abhiyan, Nohar relieved the petitioner to report in the office of the District Education Officer (Elementary) Hanumangarh. Being aggrieved by the same this petition for writ is preferred. The contention advanced by learned counsel for the petitioner is that the respondents at the one hand wants to relieve the petitioner from Sarva Shiksha Abhiyan and at the same time want him to continue 2 as Booth Level Officer, Nohar. It is also pointed out by learned counsel for the petitioner that the petitioner could have not been relieved from deputation without seeking necessary instructions from the Chief Election Commission of the Rajasthan as at the relevant time Code of Conduct for Rajasthan State Legislative Assembly Elections was in existence. In reply to the writ petition the stand taken by the respondents is that in view of the provision of Rule 144-A of the Rajasthan Services Rules, 1951 a government servant cannot be allowed to continue on deputation beyond a period of five years and the petitioner has already completed that term, therefore, by the order impugned he was rightly repatriated to his parent department, and looking to the currency of Code of Conduct relating to State Legislative Assembly Election he was instructed to continue to look after the work of Booth Level Officer, Nohar. Heard counsel for the parties. It is not in dispute that the petitioner was working with Sarva Shiksha Abhiyan on deputation and he has already completed the term of five years. By the force of the provisions of Rule 144-A of the Rule of 1951 the petitioner could have not been permitted to continue on 3 deputation for a term beyond five years. As such, there is no illegality in order of repatriation dated 16.9.2008. I also do not find any contradiction in instructing the petitioner to look after the work of Booth Level Officer, Nohar due to currency of Code of Conduct relating to Rajasthan State Legislative Assembly Elections- 2008. The elections concerned have already been over long back, and therefore, now there is no handicap in relieving the petitioner from Sarva Shiksha Abhiyan as well as from the duties relating to Booth Level Officer, Nohar. For the reasons stated above this petition for writ is having no merit, and the same therefore is dismissed. (GOVIND MATHUR), J. Jgoyal '