P. K. BISWAS, J. ( 1 ) THIS writ application has been filed by the petitioner-Shri Mahendra Pratap Mishra, challenging the order passed by the Assistant General Manager (Admn.), Andaman and Nicobar Telecom Circle, on 31st March, 2003 together with a prayer for issuance of a writ of mandamus directing the respondents to absorb the petitioner to the post of Junior Hindi Translator as the petitioner is working in the said post since 26. 5. 1997. ( 2 ) IT has, inter alia, been contended by the petitioner in the writ application that initially he was appointed as a Postal Assistant in the office of the Director of Postal Services, Andaman and Nicobar Islands, Port Blair in the year 1986. While in the aforesaid service, the petitioner was given an in-service training for Hindi Translator at CTB, Calcutta and his name was sponsored by the Director of Postal Services at Port Blair to undergo the said training programme for Hindi Translator with effect from October, 1991 to December, 1991 at CTB, Calcutta. The petitioner, after completion of the aforesaid training, became eligible for appointment to the post of Junior Hindi Translator and ultimately he was appointed to the post of Junior Hindi Translator in the office of the Post Master General, North Bengal and Sikkim Region, West Bengal on deputation basis with effect from 13. 03. 95. ( 3 ) SUBSEQUENTLY, having come to know from a reliable source that one post of Hindi Translator was lying vacant in the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, the petitioner made an application for the said post and the same was duly forwarded to the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, by the office of the Chief Post Master General, West Bengal Circle, Calcutta and it was subsequently intimated by the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, to the Chief Post Master General, West Bengal Circle, Calcutta, that the petitioner might be accommodated as Junior Hindi Translator on deputation basis in the said Circle and eventually, the petitioner joined the post of Junior Translator at the office of the Chief General Manager, Telecom at Port Blair on deputation basis with effect from the forenoon of 26th May, 1997. ( 4 ) THE petitioner subsequently submitted one representation for his absorption as Junior Hindi Translator in the Aandn Telecom Circle and the same was forwarded with strong recommendation by the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, and steps were simultaneously taken by the Chief Manager, Telecom, Aandn Telecom Circle, Port Blair to finalise the case of the petitioner regarding his absorption against the vacant post of Junior Hindi Translator and his period of deputation was extended from time to time till 31st March, 2003. ( 5 ) IT has also been alleged by the petitioner that approval was accorded by the Director General, Department of Posts, New Delhi, for permanent absorption of the petitioner with Aandn Telecom Circle and the same was conveyed by the office of the Director General, Department of Posts, New Delhi, vide letter dated 25. 5. 1998 and thereafter a letter dated 11. 6. 98 was also issued from the office of the Chief Post Master General, West Bengal Circle, Calcutta, wherein, it was clearly stated that while conveying approval for absorption of the petitioner as Junior Hindi Translator with the Aandn Telecom Circle, the Directorate in its letter dated 25. 5. 98 instructed that the petitioner might be relieved subject to his tendering technical resignation from the post of Postal Assistant and the official should also give an undertaking that he would not claim any benefit from the postal side in future and in the said letter dated 11. 6. 98, The Directorate of Postal Services, Aandn Islands, was asked to relieve the petitioner after observing necessary formalities. ( 6 ) IN consequence thereof, the petitioner has submitted his resignation to the Director of Postal Services, Aandn Islands, Port Blair, through proper channel on 25th June, 1998 and by letter dated 08. 7. 1998, the Chief General Manager, Telecom, Aandn Telecom Circle, requested the Deputy Director General (Personnel), Department of Telecom, New Delhi, to issue necessary orders for permanent absorption of the petitioner in Aandn Telecom Circle. But, subsequently upon a letter issued by the General Secretary, All India Telecom Employees' Union, Class III, on 19. 8. 7. 1998, the Chief General Manager, Telecom, Aandn Telecom Circle, requested the Deputy Director General (Personnel), Department of Telecom, New Delhi, to issue necessary orders for permanent absorption of the petitioner in Aandn Telecom Circle. But, subsequently upon a letter issued by the General Secretary, All India Telecom Employees' Union, Class III, on 19. 8. 98, the Telecom Authority started to think otherwise for obvious reason and ultimately although extension was granted up to 31st March, 2003, yet, on the same date, the Assistant General Manager (Admn.) has passed an order vide Order No. CGMT/pb/est-104/jht relieving the petitioner from the post of Junior Hindi Translator from the Telecom Circle with effect from 31st March, 2003 (afternoon) with the instructions to report to his parent unit. ( 7 ) BEING aggrieved by and dissatisfied with the aforesaid order, the petitioner has filed this writ application, praying, for the aforesaid reliefs. ( 8 ) THIS prayer, however, has been opposed by the respondent Nos. 1 to 5 contending, inter alia, that the petitioner was accommodated only on deputation basis against a vacant post of Hindi Translator in the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, but not on permanent basis and there is also no clause in the deputation order in respect of the petitioner that the petitioner will be absorbed permanently in the BSNL. It was further alleged that the petitioner was relieved from the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair with effect from afternoon of 31st March, 2003 with a direction/instruction to report to his parent department. ( 9 ) IT has also been contended on their behalf that since the petitioner was Postal Assistant in the Post Office at Port Blair under the Department of Posts and he was appointed to the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, purely on deputation basis for a specific period which was extended for further specific period on the same terms and conditions upon which he was initially appointed on deputation basis and immediately after completion of his deputation period, the petitioner was to be relieved from the Telecom Circle with a direction to report to his parent post in the Postal Department at Port Blair from where he came on deputation for a specific period. ( 10 ) IT has also been contended that as per the rules of recruitment there is also a clear bar in absorbing the petitioner permanently in the post of the Assistant Hindi Translator in the office of the Telecom Circle at Port Blair. Accordingly, it has been contended that by filing this writ application the petitioner is not entitled to get any relief whatsoever, as prayed for by him. ( 11 ) I have heard the learned counsel appearing for the respective parties at length. Both the parties have taken me through various documents filed in connection with the present matter, from those it is absolutely clear that the petitioner was taken on deputation in the department of Telecom as Junior Hindi Translator with the condition that he will not claim for regular absorption/further promotion in the BSNL. But from the annexure available with the record itself it is clear that despite such condition in the terms of deputation, the authorities of the Telecom Circle also favoured the petitioner's claim for his regular absorption in the Telecom Department and the matter was almost going to be finalised. But, suddenly due to the intervention of the Employees' Union, the Telecom authority adopted just reverse attitude and ultimately by the impugned order dated 31st March, 2003 the petitioner was relieved from the strength of Telecom Circle with effect from 31. 3. 2003 (afternoon) with the instructions to report to his parent unit. ( 12 ) BUT, the materials available on record clearly indicate that relying upon the favourable communications between the two departments i. e. the Postal Department as well as the Telecom Department regarding his permanent absorption in the Telecom Department, the present petitioner, meanwhile, tendered his resignation on 25th June, 2003 and the same was duly accepted by the concerned Postal Department and as such at the present juncture the petitioner is at a critical stage since he has been relieved from deputation with a direction of repatriation to his parent department which department has already accepted his resignation, so he is neither here nor there. ( 13 ) THE learned counsel appearing for the respondents drawing my attention to the decision reported in Supreme Court Service Rulings, 2002 at page 480 in the case of Mahesh Kumar K. Parmar and Ors. v. SIG of Police and Ors. ( 13 ) THE learned counsel appearing for the respondents drawing my attention to the decision reported in Supreme Court Service Rulings, 2002 at page 480 in the case of Mahesh Kumar K. Parmar and Ors. v. SIG of Police and Ors. , has forcefully contended that the deputationist has no enforceable right to absorption in deputed department and the employer has always a right to repatriate the deputationist to the parent organisation and the claim of the petitioner therefore is illegal. ( 14 ) AGAIN placing his reliance on a Supreme Court Service Rulings (Vol. 1) at page 225 in the case of Ratilal B Soni and Ors. v. State of Gujarat and Ors. , it has been contended by the learned counsel appearing for the respondents that the petitioner, being on deputation, he can be reverted to his parent department at any time and he has no right however to be absorbed permanently on deputation post. ( 15 ) I have given my anxious consideration with regard to the submissions made by the learned counsel appearing for the petitioner and I have also gone through the aforesaid decisions with meticulous care. ( 16 ) TRUE, it is that deputationist has no enforceable right for being absorbed in the deputed department, yet in the peculiar facts and circumstances of the present case I am of the clear view that when the respondent Nos. 1 to 5 also made certain recommendation for the absorption of the petitioner in the Department of Telecommu-nication against a permanent vacancy and placing reliance upon such favourable departmental communications between the two departments ultimately, the petitioner has tendered his resignation in his parent department which has been accepted during the year 1998 then some sort of protection should have to be awarded to the petitioner as otherwise he will face a serious consequence for which the petitioner can hardly be blamed. ( 17 ) IT is also equally true that in the Recruitment Rules applicable in this case also there is some sort of prohibition regarding absorption of the petitioner directly in the permanent vacancy but there is also a relaxation clause in the rule itself which would be evident from the annexure to the petition at page 55 ad in the peculiar facts and circumstances of this case it is desirable that appropriate direction should be issued to the concerned authorities to reconsider the question of absorption of the petitioner against the post of Assistant Hindi Translator in the Department under the control of the respondent Nos. 1 to 5 on the basis of the existing rules including rules relating to power to relax and if for any other cogent reason such relaxation is not possible then there should also be a direction upon the aforesaid respondents to negotiate with the parent department of the petitioner for his repatriation and till then he should be allowed to join in the office of the Chief General Manager, Telecom, Aandn Telecom Circle, Port Blair, as Junior Hindi Translator on deputation basis. ( 18 ) IN the premises as stated above, the order impugned dated 31st March, 2003 relieving the petitioner from the strength of the Telecom Circle with effect from 31st March, 2003 with instructions to report to his parent unit should be quashed. ( 19 ) ACCORDINGLY, I am inclined to allow the aforesaid reliefs to the petitioner and the writ application is being disposed of with the following directions: ( 20 ) I direct the respondent Nos. 1 to 5 specially the respondent No. 2 to reconsider the case of permanent absorption of the petitioner to the post of Junior Hindi Translator under them on the basis of their existing rules including the rules relating to power to relax as per the rules of the department of Telecommunication (Hindi Translator's Grade I, Grade II and Grade III) Recruitment Rules, 1996 within a period of six months from the date hereof. ( 21 ) IT is further directed that if, for any other reason, the permanent absorption of the petitioner in the post of Junior Hindi Translator is not possible from the end of the respondent Nos. ( 21 ) IT is further directed that if, for any other reason, the permanent absorption of the petitioner in the post of Junior Hindi Translator is not possible from the end of the respondent Nos. 1 to 5, they shall negotiate with the parent unit of the petitioner, i. e. Department of Postal Services for his repatriation in his parent department and in such event, the respondent No. 6 and 7 shall be under obligation to allow such repatriation of the petitioner in the Postal Department. ( 22 ) TILL such matters are finalised, the petitioner shall be allowed to join the office of the Aandn Telecom Circle as Junior Hindi Translator on deputation basis with immediate effect and his absence on duty from 1. 4. 2003 till the date of his joining in the aforesaid post should be regularised treating the same as an extraordinary leave and he shall also be allowed to draw the usual benefits including the pay and other allowances during these periods. The impugned order issued through No. CGMT/pb/est-104/jht dated 31. 3. 2003 is hereby quashed. The writ petition is, accordingly, disposed of. There will be, however, no order as to costs. Petition disposed of