RAJU BANIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Petitioner seeks permanent absorption in Government service in following background:

(2.) Learned counsel, Mr. Arijit Bhaumik vehemently contended that the petitioner continued on deputation for over 22 years. He, therefore, has a right of absorption. As per the Government of Tripura policy, period of deputation should not exceed beyond 3 years. Look into long period of deputation of the petitioner, directions may be issued for his absorption in Government service. He relied on certain decisions to which reference would be made at a later stage.

(3.) As per settled law, through series of judgments of the Supreme Court and this Court, a deputationist has no right of absorption in the borrowing department. Mere length of deputation would not change his position. The Rules or Government instructions may provide for a maximum period of deputation, nevertheless exceeding such period would not create a corresponding right in favour of a deputationist to seek absorption as a matter of course. When the Recruitment Rules do not permit absorption of a person on deputation from a public sector undertaking, directing the Government to do so, would amount to asking the Government to act contrary to the Recruitment Rules and deprive eligible candidates of a fair opportunity of selection to a public employment. Further, when it is pointed out by the respondents in the reply that there is no policy of such absorption, giving directions for absorption would also be opposed to the Government policy which cannot be termed as unreasonable.