RAJENDER SINGH Vs. UOI

JUDGEMENT

(1.) PETITIONERS Rajender Singh and Pan Singh who have joined in a common action in WP(C) 4969/2010 were employed as Constables with ITBP and the latter earned promotion firstly as Naik and thereafter as Head Constable. Both were permitted to proceed on deputation to Intelligence Bureau where they desire permanent absorption which is accepted by the Intelligence Bureau but refused by ITBP and as per the respondents rightly, inasmuch as none of them meets the eligibility criteria prescribed by ITBP to permit absorption of ITBP Force Personnel in other organizations.

(2.) JASWINDER Singh the writ petitioner of WP(C) 7312/2010 is similarly situate as Rajender Singh and Pan Singh. He too is a Constable in ITBP and being permitted to proceed on deputation with Intelligence Bureau seeks a right to be absorbed in said organization which has no objection to the same, but ITBP objects on the same reasoning as forms the basis of the opposition to the claim of Rajender Singh and Pan Singh.

(3.) IT is not in dispute between the parties that the policy framed by CRPF permits its Force Personnel to be permanently absorbed in a borrowing organization provided the person is above the age of 39 years. Further, the right is not absolute and notwithstanding the Force Personnel crossing the age of 39 years while still on deputation will not be permitted to seek permanent absorption in the borrowing department and for which we find no criteria well-defined in the policy as the guiding factor on which permission would be granted or refused.