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2006 Supreme(Del) 557

MUKUNDAKAM SHARMA, SANJIV KHANNA
SHYAM SINGH – Appellant
Versus
UNION OF INDIA – Respondent


SANJIV KHANNA, J.

( 1 ) THESE are a group of writ petitions involving similar question of law and facts and, therefore, being disposed of by this common judgment. At the time of arguments W. P. (C) 17343/2004 titled Shyam Singh v. Union of India and Others was treated as a lead case and we will be referring to the facts of this case. However, we were informed that the facts of the other cases are not different.

( 2 ) THE petitioner was/is an employee of Border Security Force (hereinafter referred to as respondent-BSF, for short) and was sent on deputation to Intelligence bureau for a period of five years. Even after the expiry of the said period, the petitioner continued to be on deputation with the Intelligence Bureau and he was not repatriated to his parent organisation. It is the contention of the petitioner that he should be deemed to have been absorbed in Intelligence Bureau, immediately on completion of five years of deputation servie. In this regard reliance has been placed upon judgment of the Supreme Court in the case of Rameshwar Prashad v. U. P. Rajkiya Nirman Nigam Limited, VIII (1999) SLT 303=jt (1999) 7 SC 44. It is also the contention of the petitioner that Intellige
















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