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2004 Supreme(MP) 553

R.V.RAVEENDRAN, K.K.LAHOTI
S. M. P. Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
Rajendra Tiwari with Udayan Tiwari for appellants;
P.N. Dubey, Deputy Advocate General for respondents.

ORDER

Raveendran, C.J. -- 1. These two appeals involving common questions are heard and disposed of by this common order.

2. Appellants are Veterinary Assistant Surgeons belonging to the Veterinary Department. It is stated that they were deputed to the Rural Development Department and were working as Chief Executive Officers of Janpad Panchayats of Sinnour (District Rewa) and Amarpatan (District Satna) respectively. It is stated that they are on deputation from 1996 and 2003 respectively.

3. By orders dated 24.5.2004 and 4.6.2004, respectively, the Veterinary Department recalled their services along with several others. The said orders were challenged by the appellants in W.P. No. 4069/2004 and 4049/2004. The learned Single Judge dismissed the petitions by orders dated 12.7.2004, which are challenged in these Letters Patent Appeals.

4. The appellants have urged the following contentions in these appeals :

(i) The consent of the borrowing department and the deputationists is necessary before recalling the services of the deputationists. In the cases of appellants, such consent was not obtained.

(ii) As there was a proposal to consider their cases for absorption in the borrower department,





























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