IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP No.11044 of 2025 Decided on: 17.07 2025 _________________________________________________________________ Yash Pal ....Petitioner Versus Dr. Y.S. Parmar University & Anr. …Respondents _________________________________________________________________ Coram Ms. Justice Jyotsna Rewal Dua 1 Whether approved for reporting? _________________________________________________________________ For the petitioner: Mr. Ravi Tegta, Advocate. For the respondents: Mr. Rajat Kumar Advocate vice Mr. Ramesh Sharma, Advocate, for respondent No.1. Mr. Y.P.S.Dhaulta, Additional Advocate General, for respondents No.2 and 3. Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Kumar, Advocate appearing vice Mr. Ramesh Sharma, learned counsel and Mr. Y.P.S.Dhaulta, learned Additional Advocate General accept service of notice on behalf of the respective respondents. With the consent of learned counsel for the 1 Whether reporters of Local Papers may be allowed to see the judgment? yes - 2 - parties, matter is heard at this stage. 2. This writ petition has been filed for grant of following substantive reliefs:- “(i) Issue appropriate Writ in the nature of mandamus directing respondent to Repatriate back to his parent Department, in case of merger is already being done , that needs to be set aside as that merger was made without the consent of petitioner. (ii) Issue Writ in the nature Prohibition to restrain the respondent from merging the petitioner without his consent.” 3. Petitioner seeks repatriation to his parent Department. It is his case that on 06.05.2015, he was sent on secondment basis to the office of respondent No.2 at District Sirmour, H.P. His complaint is that for the last ten years, he is serving on secondment basis. He has still not been repatriated to his parent Department. Learned counsel for the petitioner submits that the case of the petitioner and the relief prayed for by him are covered under the decision rendered in Nanak Chand Vs. State of H.P. and Ors2, whereunder, under the similar circumstances, direction was issued to the respondents to recall the services of the petitioner from secondment and repatriate him to his parent department. The aforesaid 2 CWP No. 3806 of 2022, decided on 16.12.2022 - 3 - decision runs as under:- The instant petition has been filed for the grant of following substantive relief: “(i) That the respondents may kindly be directed to repatriate the petitioner to his parent department.” 2. The parties are ad idem that the issue in question is squarely covered by the judgment rendered by this Court in CWP No. 7639 of 2019, titled as Manoj Kumar Vs. Chaudhary Shrawan Kumar, H.P. Krishi, decided on 15.12.2021 which reads as under: “1. It is rather shocking that the petitioner, who is merely a Beldar, has been kept on secondment basis for over a period of more than 7 years, that too posted at Una, whereas his parent department otherwise would have been the respondentUniversity. Not only this, a similar situate person one Anju Bala, who was earlier on secondment basis with the H.P. Board of School Education, has been ordered to be repatriated to her parent department,though through the intervention of the office of Hon’ble the Chief Minister of H.P. 2. Why the step motherly treatment has been meted out to the petitioner is not at all forthcoming. After all, no person can be kept on second/deputation, for an indefinite period, that too contrary to her/his wishes. 3. Therefore, in the given facts and circumstances of the case, the present petition is allowed with a direction to the respondent to recall the services of the petitioner from secondment and repatriate him to his parent department forthwith.” 3. Accordingly, the instant petition is allowed with a direction to the respondents to recall the services of the petitioner from secondment and repatriate him to his parent department forthwith preferably within two weeks from the receipt of the copy of this order. - 4 - Pending miscellaneous application(s), if any, shall also stand disposed of.” Learned counsel for the respondents have not disputed the above position. 4. In view of above, this writ petition is disposed of with direction to the respondents to recall the services of the petitioner from secondment and repatriate him to his parent Department within a period two weeks from today. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua Judge July 17, 2025 R.Atal