dofp2024_00113 — A deputationist from other services to Central Administrative Tribunal, in the case deputation of the Applicant to the post of Section Officer / Court Officer in CAT from the Ministry of Defence, who joined the post on deputation on 17-4-2008 cannot be absorbed in CAT and those on deputation as on 20-9-1989 can only be absorbed in the Cadre of CAT as per the Central Administrative Tribunal (Groups B&C Miscellaneous Posts) Recruitment Rule, 1989

DoFP

A deputationist from other services to Central Administrative Tribunal, in the case deputation of the Applicant to the post of Section Officer / Court Officer in CAT from the Ministry of Defence, who joined the post on deputation on 17-4-2008 cannot be absorbed in CAT and those on deputation as on 20-9-1989 can only be absorbed in the Cadre of CAT as per the Central Administrative Tribunal (Groups B&C Miscellaneous Posts) Recruitment Rule, 1989 — This chunk is about an Original Application (O.A. No. 1004 of 2012) challenging the rejection of a request by a deputationist from the Ministry of Defence for permanent absorption into the Central Ad... — Facts : The Applicant who was working in the Ministry of Defence came on deputation as Section Officer / Court Officer of Central Administrative Tribunal (CAT) by Order, dated 17-4-2008 for one year which was extended further till 16-6-2012 (4th year). The Applicant submitted his representation on 27-3-2012 for permanent absorption in CAT after obtaining approval from his parent Ministry of Defence. Vice-Chairman / CAT recommended his case but was rejected by the concerned authority of Principal Bench which is challenged in the present OA. The Applicant relies on Rule 5 of CAT (Groups B&C Miscellaneous Post) Recruitment Rule, 1989 to get absorbed in CAT. His parent department, Ministry of Defence, had also given No Objection Certificate for absorption in CAT. He relies on number of Apex Court judgments to sustain his request. The Respondent relying on Section (1) and (2) of Section 13 of the Administrative Tribunal Act 1985, named as CAT (Groups B&C Miscellaneous Post) Recruitment Rule, 1985 state that rules do not provide for absorption who came to CAT on deputation after, 20-9-1989. The Recruitment rule for Section Officer / Court Officer is reproduced. The Respondents also rely on number of Apex Court judgments to resist the prayer in this OA. The Applicant has also submitted a rejoinder.

DoFP

A deputationist from other services to Central Administrative Tribunal, in the case deputation of the Applicant to the post of Section Officer / Court Officer in CAT from the Ministry of Defence, who joined the post on deputation on 17-4-2008 cannot be absorbed in CAT and those on deputation as on 20-9-1989 can only be absorbed in the Cadre of CAT as per the Central Administrative Tribunal (Groups B&C Miscellaneous Posts) Recruitment Rule, 1989 — This chunk is about an Original Application (O.A. No. 1004 of 2012) challenging the rejection of a request by a deputationist from the Ministry of Defence for permanent absorption into the Central Ad... — Facts : The Applicant who was working in the Ministry of Defence came on deputation as Section Officer / Court Officer of Central Administrative Tribunal (CAT) by Order, dated 17-4-2008 for one year which was extended further till 16-6-2012 (4th year). The Applicant submitted his representation on 27-3-2012 for permanent absorption in CAT after obtaining approval from his parent Ministry of Defence. Vice-Chairman / CAT recommended his case but was rejected by the concerned authority of Principal Bench which is challenged in the present OA. The Applicant relies on Rule 5 of CAT (Groups B&C Miscellaneous Post) Recruitment Rule, 1989 to get absorbed in CAT. His parent department, Ministry of Defence, had also given No Objection Certificate for absorption in CAT. He relies on number of Apex Court judgments to sustain his request. The Respondent relying on Section (1) and (2) of Section 13 of the Administrative Tribunal Act 1985, named as CAT (Groups B&C Miscellaneous Post) Recruitment Rule, 1985 state that rules do not provide for absorption who came to CAT on deputation after, 20-9-1989. The Recruitment rule for Section Officer / Court Officer is reproduced. The Respondents also rely on number of Apex Court judgments to resist the prayer in this OA. The Applicant has also submitted a rejoinder.

Original Rule Text

Original Rule Text