Court No. - 28
Case :- WRIT - A No. - 37585 of 2009 Petitioner :- Meghraj Singh And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- Chandra Shekhar Srivastav,Sudhanshu Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
The counter affidavit filed on behalf of the respondent No.2 is taken on record.
The petitioners were sent to the backward class department on deputation. The deputation period of the petitioners was extended from time to time. The petitioners have made a following prayer in the writ petition:-
"to issue a writ, order or direction in the nature of mandamus commanding the respondents to consider the case of the petitioners for their absorption in the borrowing department, i.e. Backward Class Welfare Department, U.P. Lucknow, until then petitioners be allowed to work on the deputation post."
Learned standing counsel points out that in the counter affidavit a specific stand has been asserted that there is no provision or policy of absorbing the petitioners in the borrowing department to which they were sent on deputation and no satisfactory reply has been given in the rejoinder affidavit. The absorption in the borrowing department of employees sent on deputation is governed and regulated by the service rules in this regard. In absence of any provision for absorption in the borrowing department, the petitioners have no vested right to be absorbed.
The writ petition is dismissed.
Order Date :- 23.8.2018 Ashish Tripathi