Chander Bhusan Barowalia DECISION
Tarlok Singh Chauhan, J.
1. The petitioner joined the respondent department as TGT (NM) in the year, 2006 and thereafter served in various places in the State. On 08.04.2019, he was deputed as BRCC and posted at Block Bijhar, District Hamirpur, and he was required to join within a period of 15 days but he did not do so and rather made a representation to respondent No. 2 informing him that he was not in a position to join the deputation as BRCC at Block Bijhar, District Hamipur due to his adverse family circumstances.
2. In the meanwhile, it appears that vide order dated 20.03.2019, respondent No. 4 came to be transferred to GSSS Sohari, District Hamirpur, however, the transfer order was conditional to the extent that his joining would be only subject to the relieving of the petitioner on appointment as BRCC as is evident from the relevant portion of the order, which reads as under:-
"In view of the above facts the request of Sh. Kewal Krishan, TGT (NM) is considered sympathetically and he is hereby transferred from GHS, Shahdhar, District Shimla to GSSS, Sohari, District Hamirpur, against vacancy subject to relieving of present incumbent on appointment as BRCC without TTA and with JT. Accordingly his representation is decided."
3. On 29.05.2019, respondent No. 4 was relieved from the place he was serving I.e. GHS, Shahdhar, District Shimla and directed to join at GSSS, Sohari, District Hamirpur, in place of the petitioner. The Principal of GSSS, Sohari appeared to have relieved the petitioner on 30.05.2019 and thereafter permitted respondent No. 4 to join at his place, constraining the petitioner to file the instant petition, wherein he sought the following substantive reliefs:-
"A. That this writ petition may kindly be allowed and impugned order dated 31.05.2019 passed by the learned Tribunal in OA No. 2240/2019 may kindly be quashed and set aside.
B. That the impugned order of relieving dated 30.05.2019 may kindly be quashed and set aside and the petitioner may kindly be allowed to continue at GSSS, sohari, District Hamirpur."
4. The officials-respondents No. 1 to 3 have fled their reply wherein they have justified their order dated 20.03.2019 on the ground that the same was conditional, as is evident from the following averments:-
'On the perusal of the record, it was found that the said Sh. Kewal Krishan had been working at GHS Shahdhar, District Shimla for last four years and had completed his normal tenure of three years at his present place of posting. However, the post of TGT (NM) was not lying vacant in GSSS Bhoranj. Hence, he was transferred to GSSS Sohari vide Annexure P-4 20.03.2019 against vacancy subject to relieving of the present incumbent (the petitioner in the present writ petition) on appointment as BRCC. As such, the action of the replying respondent in issuing Annexure P-4 is just, legal and fair and deserves to be upheld, in the interest of justice and fair play."
5. As regards private respondent No. 4, he has contested the case by raising various preliminary objections. One of main objections is that no relief can be granted to the petitioner since he has not questioned the order of the transfer of the replying respondents.
We have heard learned counsel for the parties and have gone through the records of the case.
6. It is more than settled that no person can be sent on deputation without his consent and, therefore, the petitioner under no circumstance can be compelled to join as BRCC, at Block Bijhar, Dis........