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2001 Supreme(HP) 380

C.K.THAKKER, M.R.VERMA
ROSHAN LAL – Appellant
Versus
NATHPA JHAKRI POWER CORPN. – Respondent


Advocates Appeared:
For the Petitioner: :Mr. R.K. Bawa, Senior Advocate with Mr. R.P.S. Thakur, Advocate. For the Respondents: :M/s. K.D. Shreedhar and Ramakant Sharma, Advocates for Nos. 1 & 2, Mr.S.S. Mittal, Advocate for No. 3.

JUDGMENT C.K. Thakker, CJ. (Oral) - This petition is filed by the petitioner, who is a permanent employee of Himachal Pradesh State Electricity Board, respondent No. 3 herein, (HPSEB for short) for an appropriate writ, -direction or order, quashing and setting an order dated September 20, 2001 (Annexure P-4), by which Nathpa Jhakri Power Corporation Ltd. (NJPC for short) had taken a decision to "repatriate" him to his parent department, i.e. HPSEB, w.e.f. September 30, 2001. Other reliefs have also been claimed.

2. Case of the petitioner before this Court is that he is an employee of HPSEB and he was posted on "secondment basis" in the NJPC. According to him, in accordance with the terms and conditions of secondment between HPSEB on the one hand and NJPC on the other, he could not be repatriated to HPSEB without the consent of the petitioner or in any case, without the consent or consultation with the HPSEB. Since the said action was taken without complying with the terms and conditions of secondment, the action is illegal and contrary to law.

3. Notice was issued to respondents and ad interim relief was granted, which was subsequently modified.

4. We have heard the learned Counsel fo










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