Ratan Kumar vs The State of Bihar and Others

Three issues arise out this Letters Patent Appeal on the order of 28 January, 2002 on the writ petition. The first is whether a person on deputation can claim as of right that he will continue on deputation, second is whether a person can claim as of right that he will be absorbed in the department to which he is being deputed and the third aspect is about the Petitioner''s having applied for absorption and the employer where he had been put on deputation did not consider his absorption.

Taking the third aspect first, the Court finds that this became a disputed question of fact. The matter became an issue whether the Petitioner had applied for absorption with Bihar Renewable Energy Development Agency. The Respondents contend that the Petitioner had made no such application.

In so far as the other two aspects are concerned, no deputationist can insist that he will continue on deputation, this is the law. Neither can a deputationist insist that his deputation be converted into as absorption. This cannot become a right of a public servant, unless the law has so provided.

In the circumstances, the learned Judge has committed no error in not granting relief to the Petitioner-Appellant.

Dismissed.