Judgment

VENKATARAMIAH, J,:- The 1st respondent Ashok Deshmukh was appointed as a Panchayat and Social Education Organizer in the Social Welfare Department Government of Madhya Pradesh Bhopal oil 16-8-1976. By an order dated 11th March, 1983 he along with 13 others was posted on deputation as an officiating Block Development Officer in the Panchayat and Rural Development Department of the Government of Madhya Pradesh. The relevant portion of the said order, posting the 1st respondent on deputation, read as follows :

"Government of Madhya Pradesh Panchayat and Rural Development Department (Development)

Bhopal, dated 11th March, 1983

ORDER

Serial Number 1719/1463/22V-2/82. The following Panchayat and Social Education Organisers are appointed on the post of officiating Block Development Officer, temporarily and on deputation, from the date of taking charge in the pay scale of Rs. 350-25-400-25-500 E.B.-30-650 until further orders and they are posted in Development Block shown against their names. This posting on deputation would be entirely temporary and they would not be entitled to become semipermanent or permanent on this post., If required their services may be transferred back to their parental department at any time, after notice.

S. No. Name of Panchayat and Social Education Organiser Name of Development Block where posted

1 2 3

1. ................................................................

7. Shri Ashok Deshmukh, Kurwai

(Vidisha)

................................................................

In the name and according to the order of Governor of Madhya Pradesh.

Sd/- A. K. Chandra

Secretary, Govt. of M. P.

Rural Development Department".

2. The 1st respondent was transferred from the post of Block Development Officer, Kurwai, in Vidisha district which he was holding on deputation as aforesaid to the Development Block of Udaipura, District Raisen by an order dated August 1, 1983. On 29th June, 1984 the services of the 1St respondent were placed at the disposal of his parent department by an order made by the Secretary to the Government, Panchayat and Rural Development Department, Madhya Pradesh. The said order read thus

"Government of Madhya Pradesh

Panchayat and Rural Development

Department (Development)

Bhopal, Dated 29th June, 1984

ORDER

No. 6297/1031/22/V-2/Est.84.- The services of Shri Ashok Deshmukh appointed temporarily on deputation as officiating Block Development Officer, Development Block-Udaipura, Distt. Raisen, are returned back to his parental department Social Welfare Department because, the same are not required in this department.

In the name and according to the orders of Governor of Madhya Pradesh.

Sd/- Illegible

Secretary

Panchayat and Rural Development

Department (Development)."

3. Aggrieved by the said order of the State Government sending him back to his parent department, where he held his lien the 1St respondent filed a suit in Civil Suit No. 16A of 1984 in the Court of Civil Judge, Udaipura for permanent injunction restraining the Government of Madhya Pradesh from repatriating him to his parent department and he obtained an order of temporary injunction in that suit on 15-11-1984 restraining the, State Government from relieving him from the post of Block Development Officer at Udaipura and directing the State Government to allow him to continue as the Block Development Officer. After the State Government entered appearance in the suit and filed its objections to the order of temporary injunction, the Civil Judge vacated the order of temporary injunction by his order dated 15-3-1985. Thereafter the 1st respondent filed a writ petition on the file of the High Court of Madhya Pradesh at Jabalpur requesting the High Court to quash the order of repatriation in Miscellaneous Petition No. 742 of 1985. After the writ petition was admitted and a stay order was issued the 1st respondent withdrew. the suit filed by him before the Civil Judge, Udaipura. Thereafter the High Court heard all the parties and passed an order date