IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 163 of 2011 (S/B) D r. Bhagwat Singh & others ...…………. Petitioners Versus State of Uttarakhand & others ...…………. Respondents Mr. D.S. Patni, Advocate for the petitioners. Mr. Vinay Kumar, Standing Counsel for respondent Nos. 1 to 4. Mr. Manoj Tiwari, Sr. Advocate assisted by Mr. Subhash Upadhyay for respondent No. 5. JUDGMENT Coram : Hon’ble Barin Ghosh, C. J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (Oral) Stay Application No. 6369 of 2011 The Rules governing the posts in question, presently occupied by the respondent No. 5 on deputation, is governed by the Rules made under the proviso to Article 309 of the Constitution of India. Said Rules are, therefore, statutory Rules. The said Rules do not authorize that the said post or any other post in the cadre created by the said Rules can be supplied by deputation. It is settled law that when Rules govern the field, any action in that field must be done in accordance with the Rules, or such an action should not be undertaken at all. In view of the Rules thus made, the respondent No. 5 on deputation, could not be permitted to occupy the post in question. Grant of such 2 permission by the State is uncalled for, contrary to the Rules, and should not have been given for the reason already indicated above. The post in question, we direct, be fill up within three months, in accordance with the Rules. For three months the respondent No. 5 shall be permitted to function in the post on the basis of his deputation. At the end of three months from today, his deputation shall come to an end, and shall be repatriated to the department in which he keeps and maintains his lien. We, however, make it clear that this order will not be construed as an order injuncting the State respondents to alter the Rules suitably, if they are so advised. In the event it is found that no one in terms of the Rules is competent to fill up the post in question, the post in question shall remain vacant, after expiry of three months from today. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 22.09.2011 Negi