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january 2009

Supreme Court of India · 2009-01-13

UNION OF INDIA vs S.A. KHALIQ PASHA

Citation / case number
SC 2005/17300
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
S.A. KHALIQ PASHA

Judgment text excerpt

The Supreme Court upheld the High Court's dismissal of a writ petition challenging the refusal of the State of Andhra Pradesh to absorb a deputationist into the Special Intelligence Bureau (SIB). The Court emphasized that without statutory rules or regulations granting a right to absorption, a deputationist cannot claim such a right. The ruling reaffirmed the principle that an employee on deputation does not have a vested right to permanent absorption in the borrowing department, as established in Kunal Nanda vs. Union of India, and clarified that the employer retains the discretion to grant or withhold consent for absorption.

UNION OF INDIA vs S.A. KHALIQ PASHA · Niyam