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january 2009

Supreme Court of India · 2009-01-13

Union Of India & Ors vs S.A. Khaliq Pasha & Anr

Court
Supreme Court of India
Petitioner
Union Of India & Ors
Respondent
S.A. Khaliq Pasha & Anr
Bench
Asok Kumar Ganguly, Mukundakam Sharma, S.B. Sinha

Judgment text excerpt

The Supreme Court upheld the dismissal of a writ petition challenging the High Court's decision regarding the absorption of a deputationist into the services of the SIB. The Court emphasized that without statutory rules or regulations conferring a right to absorption, a deputationist cannot claim such a right. The Court reiterated that the employer retains the discretion to grant or withhold consent for permanent absorption, as established in Kunal Nanda vs. Union of India, and clarified that the absence of legal entitlement negates the claim for absorption.

Union Of India & Ors vs S.A. Khaliq Pasha & Anr · Niyam