ASISH BHAUMIK Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner was appointed as a Constable with the Tripura State Police on 10th November, 1987. By a letter dated 17th April, 2003 he requested that he be sent on deputation to the Central Bureau of Investigation (hereinafter referred to as "CBI"), Kolkata. Approval was granted on 23rd December, 2004 for the petitioner's deputation to the CBI for a period of three years. The petitioner was released from the Police Headquarters, Tripura and he joined the CBI, Special Unit, at Kolkata as a Constable on deputation on 17th January, 2005. The petitioner had exercised his option to draw pay in the Central scale and accordingly he was paid salary in the pay -scale Rs. 3050 -75 -3950 -80 -4590, his monthly pay being fixed Rs. 4,350/ -. It was made clear by the order issued on 17th February, 2005 with respect to his pay -scale that the petitioner would not be entitled to any benefits applicable in his parent cadre and that he would not be entitled to deputation allowance during his period of deputation.

(2.) An order was issued on 29th October, 2008 by the Government of Tripura intimating the Director General of Police, Tripura that the petitioner's deputation in the CBI was extended up to 31st December, 2009. This period of deputation was further extended up to 31st December, 2011.

(3.) On 24th September, 2009, the CBI issued an office memorandum regarding absorption of Constables in the CBI. This related to those Constables who were already on deputation in the CBI and who had passed the Matriculation Examination. It was a further condition that only those Constables, whose retention in the CBI was absolutely necessary in the interest of the organisation in the long run, should be recommended subject to certain guidelines. These guidelines were as follows: