ANIL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 9th November, 2009 passed in OA No. 3132/2009 titled as Anil Kumar Vs. UOI & Ors. declining his petition seeking absorption as a deputationist with the office of Chief Controller of Accounts, Ministry of Commerce & Industry, Department of Commerce (Supply Division) and order dated 5th January, 2010 dismissing his review application being RA No. 253/2009 titled as Anil Kumar Vs. UOI & Ors.. The petitioner had filed OA No. 3132/2009 in the Central Administrative Tribunal Principal Bench, New Delhi as a 4th attempt on his part to be retained and absorbed in the office of Chief Controller of Accounts, Department of Commerce (Supply Division) challenging the order dated 18th September, 2009 taking a decision to repatriate the petitioner to his parent department.

(2.) According to the petitioner, pursuant to a notice dated 8-14th March, 2003 for filling the post by transfer on deputation for a period of one year, likely to be extended further, he applied and was appointed on deputation as accountant in the pay-scale of Rs. 4000-6000 which was specifically upgraded to Rs. 4500-7000. The deputation period of one year was also extended by the respondents. The Recruitment Rules known as Central Civil Accounts Service (Group-C) Recruitment Rules, 2000 contemplated filling up of 70% of the cadre of direct recruitment through Staff Selection Commission and remaining un- filled posts to be filled through deputation by taking persons of appropriate cadre from other recognized Accounts Service and Government Departments. The plea of the petitioner was that office of Controller General of Accounts, Department of Expenditure, Ministry of Finance had felt the acute shortage of manpower and in order to strengthen the manpower deployment, had started the process of absorption and the applicant was asked for unconditional acceptance of the terms of absorption and the consent of the parent department of the petitioner had already been obtained for this purpose. Before the petitioner could be absorbed, a Gazette Notification in 2008 was issued contemplating the requirement for filling the unfilled direct recruitment quota which required absorption of only those deputationists, who had an exceptionally good performance on completion of two years on deputation in public interest subject to prior concurrence of parent cadre and Controller General of Accounts.

(3.) Though the petitioner did not fulfill the requirement of absorption, however he filed an OA No. 1588/2008 seeking direction to the respondent to consider the request of the petitioner for absorption. During the pendency of the petition, repatriation of the petitioner to the parent department was also stayed.