IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 470 of 2011 Vishnu Datt Pandey and others …….Petitioners. Versus State of Uttarakhand and others ..…Respondents. Sri Rajendra Dobhal, Senior Advocate assisted by Sri Sanjay Bhatt, Advocate present for the petitioners. Sri Anil Kumar Bisht, Brief Holder present for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (oral) Rejoinder affidavit filed in Court today is taken on record. Heard Sri Rajendra Dobhal, Senior Advocate assisted by Sri Sanjay Bhatt, Advocate for the petitioner as well as Sri Anil Kumar Bisht, Brief Holder present for the State of Uttarakhand. The petitioners are constables in Provincial Armed Constabulary (from hereinafter referred to as PAC) in the State of Uttarakhand. It is the PAC where the petitioners have lien in service. The petitioners were sent on deputation in the year 2007 to Radio and Wireless Department which is a part of the Police Department. According to the petitioners, in the Radio and Wireless Department they had also undergone some training relating to radio and wireless. Now they contend that they are being sent back to the parent department and this repatriation is bad inasmuch as their absorption in the radio and wireless department is under active consideration. In order to strengthen this point, the petitioners have shown this Court certain minutes of the meeting. It is a settled principle of jurisprudence that a deputationist does not have any right to be absorbed in the borrowing department nor he can claim for promotion in the 2 said department. Therefore, there is no merit in the writ petition and the writ petition is liable to be dismissed and is hereby dismissed. All the same, considering the assertion of the petitioners that their absorption is under active consideration, the Director General of Police, Uttarakhand, Dehradun is nevertheless directed to hear the petitioners on the issue of their absorption in the radio and wireless department. It is made clear that absorption can only be done in case the State Government has a policy in this matter. All the Director General of Police is to do is to apprise the petitioners of the decision of the State Government as to their absorption and as to whether the State Government intends to absorb these persons in the radio and wireless department. In case there is no such agenda with the State Government, the Director General of Police must only inform these persons of the same. These directions are purely being made in order that any uncertainty in this matter, which is there with the petitioners, should be removed. No order as to costs. (Sudhanshu Dhulia, J.) 21.6.2011 Avneet