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Mahesh Kumar K. Parmar Versus S.I.G. Of Police and Others

2002 (2) TMI 1336 - SUPREME COURT

Dated:- 8-2-2002 - G Pattanaik And B Kumar JJ. ORDER 1. The petitioners are the head constables of the Gujarat Police. When the government decided to set up a separate organisation to be called as Intelligence Bureau, these petitioners were drifted i .....

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thod of filling them. In accordance with the aforesaid provisions in the scheme, that was evolved on 3rd November, 1990, rules came into existence by a notification dated 7.12.1991. Under the rules, more specifically rule 29 (a), it was stipulated th .....

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ate service. The rules also provide for test to be held for selecting people to be brought on transfer from Gujarat police to the Intelligence Bureau. The petitioners were permitted to continue in the Intelligence Bureau even after the enforcement of .....

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se of power under Clause (b) of Section 5 of the Bombay Police Act, and since they have already rendered services in the bureau from 1991 till the date of their repatriation, they must be held to have acquired a right to be permanently absorbed in th .....

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ve approached this Court. Dr. Dhawan, the learned senior counsel appearing for the petitioners vehemently contended that since the petitioners satisfied all the tests and requirements under the rules to be permanently absorbed, there was no rhyme or .....

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nt organisation on expiry of their period of deputation of three years, having been continued in the bureau, even after enforcement of rules, and after having passed certain tests in the bureau, they had the legitimate expectation to be absorbed in t .....

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he rules never contemplated a permanent absorption of the existing employees on deputation, and therefore since the nature of their tenure in the bureau was that of a deputation, the employer has always a right to repatriate the deputationist to the .....

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