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Issues:
Petitioners' right to be permanently absorbed in Intelligence Bureau after being transferred from Gujarat Police, legitimate expectation of absorption, interpretation of rules regarding transfer and absorption, authority to repatriate deputationists, enforceable rights of petitioners. Analysis: The petitioners, head constables of Gujarat Police, were transferred to Intelligence Bureau in 1991 by deputation as per a scheme framed in 1990. Rules for recruitment and transfer were notified in 1991, allowing transfer from Gujarat Police to Intelligence Bureau based on tests. Petitioners continued in the Bureau till 1999, then repatriated to their parent organization. They claim a right to permanent absorption due to fulfilling transfer criteria and service tenure. The High Court dismissed their writ petition, leading them to appeal to the Supreme Court. Petitioners argue for a mandamus for permanent absorption, citing legitimate expectation and compliance with rules. State contends rules did not provide for permanent absorption of deputationists, asserting the right to repatriate them. The Supreme Court, after considering submissions and rules, finds no enforceable right for petitioners' permanent absorption. However, it acknowledges the petitioners' service tenure and the provision in rules for transfer. The Court suggests the state government consider permanently retaining the petitioners in the Bureau due to their experience and service duration. While no mandamus is issued for permanent absorption, the Court advises the state to assess the petitioners' case for absorption on transfer if found suitable. This approach would benefit the administration by utilizing the petitioners' eight years of experience in the Bureau. In conclusion, the Supreme Court disposes of the special leave petitions, indicating no enforceable right for permanent absorption but advising the state government to consider absorbing the petitioners on transfer based on suitability and experience, as per the rules governing recruitment and transfer to the Intelligence Bureau.
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