S. S. Sandhawalia, J. - (1.) This appeal under Clause X of the Letters Patent is directed against the judgment of the learned Single Judge dismissing the writ petition.
(2.) As before the learned Single Judge, so before us, the appellant (who now hold the post of a Chief Engineer, Irrigation Department) had chosen to argue the matter in person. Despite the great latitude, we inevitably gave him on this score, the appellant in rambling arguments extending over two days was unable to build any meaningful contention within the confines of the Letters Patent Jurisdiction. In this judgment of affiance where we are inclined to primarily uphold the findings of the learned Single Judge, it now suffices to advert to the facts with relative brevity.
(3.) The primary grievance of the petitioner was directed against the order of the Governor of Haryana, Annexure P/4 dated May 10, 1979 and the relevant and operative part thereof qua the appellant is in the following terms:- "The services of Shri K. K. Jaagia, Chief Engineer, SYL, Irrigation Works Haryana are placed at the disposal of Haryana State Minor Irrigation (Tubewells) Corporation for posting him as General Manager, with immediate effect in public interest". In challenging the aforesaid order of transfer, the petitioner originally preferred the writ petition under the mistaken belief that without his consent, be could not be sent on deputation to the Haryana State Minor Irrigation (Tube wells) Corporation This misapprehension arose apparently from the unamended Rule 19 of the Punjab Service of Engineers, Class-I; Public Works Department (Irrigation Branch) Rules, 1964, as it stood prior to Nov. 7, 1975. However, the rule as now amended reads as follows:- "9. Liability to service. (I) A member of the service shall be liable to serve under the State Government at any place whether within or outside the State of Haryana 2. A member of the service may also be deputed to serve under:- (i) a company or association or a body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the State Govt, a municipal corporation or a local authority within the State of Haryana; or, (ii) the Central Government or a Company, an association or a body of individual whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government; or, (iii) any other State Government, an international organisation, an autonomous body not controlled by the Government or a private body; Provided that no member of the service shall be deputed to serve the Central or any other State Government or any Organisation or body referred to in clauses (ii) and (iii) except with his consent".;