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Rameshwar Prasad vs Managing Director U.P. Rajkiya Nirman ... on 16 September, 1999

5. Counsel for the respondent has contended before us that no discrimination has been meted out to the petitioner. He has contended that the three other persons in whose case no objection certificate for absorption has been issued by the respondent-ITBP were Constables, whereas the petitioner was promoted as Head Constable on 21st October, 2000 and on his return from deputation he will be joining as Head Constable. On the other hand, learned counsel for the petitioner has contended that petitioner has given undertaking that he will not claim his promotion as Head Constable with parent department, i.e. ITBP. Learned counsel for the petitioner has also relied upon Rameshwar Prasad Vs. Managing Director, U.P. Rajkiya Nirmal Nigam Ltd. & Ors.. On the other hand, Mr. Sud, learned counsel for the respondents has contended that in Kunal Nanda Vs. Union of India & Anr. , Supreme Court has held that a person can at any point of time be repatriated to his parent department to serve in his substantive position and there is no vested right in such a person to continue for long on deputation or get absorbed in the department to which he has gone on deputation.
Supreme Court of India Cites 0 - Cited by 81 - Full Document

Kunal Nanda vs Union Of India & Anr on 24 April, 2000

6. We have carefully considered the arguments advanced by learned counsel for both the parties. In view of the fact that the petitioner has been promoted as Head Constable w.e.f. 21st December, 2000 vide order of Director General of ITBP dated 25.1.2000, we do not agree with the arguments of the petitioner that discrimination has been meted out to him as admittedly the other three persons who have gone on deputation with NCRB were constables and petitioner has been promoted as Head Constable. It is a policy decision in the domain of the parent department to frame a policy as to whether its employees could be sent out for deputation either for a temporary period or for a fixed period or for absorption. The authority cited by learned counsel for the petitioner does not help the case of the petitioner as that authority discusses the parameter to be followed by borrower department. The authority of Kunal Nanda's case (supra) cited by counsel for the respondent squarely covers the present petition. It has been observed by the Supreme Court in the following terms :
Supreme Court of India Cites 1 - Cited by 221 - D Raju - Full Document
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