TMI Blog2002 (2) TMI 1336X X X X Extracts X X X X X X X X Extracts X X X X ..... drifted into that bureau way back in the year 1991 by way of deputation. It was indicated also in the scheme that was framed for having this bureau, that recruitment rules will be separately framed for the re-designated posts incorporating, inter alia, the method of filling them. In accordance with the aforesaid provisions in the scheme, that was evolved on 3rd November, 1990, rules came into exis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in accordance with rules, that have been framed in exercise 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 the bureau or at least a legitimate expectation to be absorbed. The aforesaid grievance of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and after having passed certain tests in the bureau, they had the legitimate expectation to be absorbed in the bureau, and therefore, the Court would be in a position to issue a mandamus to the state government for their permanent absorption in the bureau. Mr. Dholakia, the learned senior counsel appearing for the state, on the other hand, submitted that the rules never contemplated a permanent a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rules itself contemplate to man the post on transfer. While, therefore, we are unable to issue any mandamus to the state government requiring them to permanently absorb these petitioners in the bureau, we would observe that the state government may consider the case of these petitioners for absorption on transfer in accordance with the rules, if they are found otherwise suitable. In that case the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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