UNION OF INDIA Vs. O P GABA

JUDGEMENT

(1.) LEARNED counsel for the petitioner Union of India, submits that the order dated 3rd March, 2011, passed by the Central Administrative Tribunal, Principal Bench, Delhi (Tribunal, for short), allowing OA No. 3718/2010 filed by the respondent ? O.P. Gaba, should be set aside as the Tribunal has not considered O.M. dated 27th March, 2001. The operative portion of the said O.M., reads as under:-

(2.) THE respondent was working as an Assistant Director in the scale Rs.8000-13500/- in the Forest Survey of India, Dehradun. THE respondent was selected for deputation assignment as Scientist 'C' in the pay-scale of Rs.10000-15200/- in the department of Science & Technology i.e. the petitioner. He joined the said post on 7th July, 2004 and was absorbed in the Department of Science & Technology on permanent basis w.e.f. 18th August, 2008.

(3.) A reading of the aforesaid sub-clauses shows that in-situ promotion is personal to the officer concerned and does not result in a specific vacancy in the lower grade. The in-situ promotions are given after an officer has completed a minimum residency period linked to performance in the prescribed scale of pay. For Scientist 'C', the prescribed pay-scale is 10000-15200/- and the minimum residency period linked to performance is four years. It is not possible to agree with the contention of the petitioner that the period between 7th July, 2004 to 18th August, 2008, when the respondent was on deputation should be ignored and treated as non-existing under Rule 6(2). There is no such stipulation in the rules. It is not the case of the petitioner that respondent was taken on deputation contrary to the rules. The deputation and absorption thereafter is one of the prescribed modes for recruitment for Scientist 'C' as per Rule 5.