The employer has the prerogative to call back its employee from deputation or to post any other officer of higher rank in his place, and the deputationist has no right or lien on the deputation post.

Jagdish Bhalla, J.—Petitioner is a Member of Agricultural Services of the State of U. P. and was working as a Deputy Director/Officer Incharge, Sambhagiya Krishi Parikshan Evam Pradarshan Kendra, Varanasi.

2. By the order dated 22nd June, 2001, some Members of Agricultural Services including the petitioner were sent on deputation to different departments. Petitioner, who was working as a Deputy Director at Varanasi was sent on deputation on the post of Chief General Manager (Marketing) in U. P. Agro by the said order dated 22nd June, 2001 on which he took charge on 26th June, 2001. In the order, it was clearly mentioned that this arrangement was purely an interim/temporary arrangement.

3. By the order dated 29th June, 2002, the State Government has posted one Sri Nathu Ram, Joint Director, Agricultural (Prasar), Saharanpur as Chief General Manager, U. P. State Agro Industrial Corporation Ltd. hereinafter referred to as the ‘Corporation’, (Lucknow). This post was held by the petitioner prior to passing of the impugned order.

4. Aggrieved by this order dated 29th June, 2002, the petitioner has filed this writ petition.

5. Heard learned counsel for the parties.

6. Learned counsel for the petitioner has submitted that though initially the deputation of the petitioner was temporary and no terms and conditions for deputation were framed. Subsequently, on 25th May, 2002 the terms and conditions regarding the posting of the petitioner in the corporation were framed wherein one of the conditions was that the term of petitioner who is in outer services and is working on deputation on the post of Chief General Manager (Marketing) in U. P. Agro will be of three years but without amending, altering or cancelling the order dated 25th May, 2002 the impugned illegal and arbitrary order dated 29.6.2002 has been passed. According to the learned counsel, there is nothing adverse against the petitioner and he has been successfully working on deputation.

7. It has been further contended the post of the Chief General Manager has not been upgraded as such the opposite party No. 4, who has now been posted as Chief General Manager (Marketing) being an officer of the Additional Director rank and not of the cadre of Deputy Director cannot be posted. Learned counsel for the petitioner has also invited our attention towards the letter dated 29th January, 2002 of Managing Director, of the corporation, contained in Annexure-6 and submitted that the corporation is suffering huge loss and posting of an officer of higher rank will cause further loss to the corporation, as such, the posting of the opposite party No. 4 is against the interest of the corporation.

8. We are not satisfied with this contention of the learned counsel, as by this letter dated 29th January, 2002, Managing Director has brought to the knowledge of the State Government that the post of Chief General Manager (Marketing) is a post of corporation services and not a post of deputation. Filling this post permanently by deputationist will cause injustice to the equivalent officers of the corporation.

9. Learned standing counsel appearing for the State has submitted that the petitioner has no right to continue on a deputation post and the State Government is fully competent to pass the impugned order dated 29th June, 2002. In the order dated 25th May, 2002 nowhere it is mentioned that the petitioner cannot be repatriated to his parent department at any point of time prior to the expiry of the period of deputation, i.e., before three years.

10. Learned counsel for opposite party No. 4, Sri Robin Mitra, Senior Advocate has submitted that Sri Nathu Ram, opposite party No. 4 has already joined on the post of Chief General Manager (Marketing) on 6.7.2002 and by the order dated 11th July, 2002, the petitioner has been attached in Agriculture Directorate and in pursuance whereof, the petitioner has been relieved on the same date, i.e,, 11.7.2002.

11. Sri Robin Mitra, while referring to