Central Administrative Tribunal - Delhi
Mukesh Kumari vs Gnctd on 29 May, 2025
1
OA No. 430/2023
Item No.47/C-5
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
O.A. No. 430/2023
Reserved on : 05.05.2025
Pronounced on : 29.05.2025
Hon'ble Mr. Manish Garg, Member (J)
Hon'ble Dr. Anand S. Khati, Member (A)
Smt. Mukesh Kumari
W/o Sh. Surender Singh
R/o B-11-12, Fire Station, Kautilya Marg
Chankayapuri, New Delhi-110022.
.. Applicant
(By Advocate: Mr. Arvind Kumar)
Versus
1. NCT of Delhi
Through Chief Secretary
3rd Delhi Secretariat, I.P. Estate
New Delhi-110054.
2. Directorate of Education
Room No. 12, Old Secretariat
New Delhi-110054.
3. Government of Haryana
Through its Chief Secretary
Haryana Main Civil Sect.-Section 1
Chandigarh-160001.
4. Director General, Secondary Education
Plot No.1/B, Siksha Sadan Sec-5
Haryana, Panchkula-134109.
.. Respondents
(By Advocates: Ms. Deepika, Mr. Bhanwari Pal, Mr. Harshvardhan
Singh, Ms. Anjali Sharma and Ms. Gargi Chaturvedi)
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OA No. 430/2023
Item No.47/C-5
ORDER
Hon'ble Dr. Anand S. Khati, Member (A) In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:-
"1. Allow the present Application in favour of the applicant seeking permanent absorption in the service of Respondent,
2. Pass an order directing the Respondent to absorb the Applicant in the permanent service of the Respondent,
3. Pass an order setting aside the Transfer Order dated 01.07.2022 and Relieving Order dated 01.07.2022 and also order dated 16.08.2022; and
4. Pass any such further order as this Hon'ble Court may deem fit in the interest of justice."
2. Learned counsel for the applicant drew our attention to the request of the applicant dated 08.04.2022 regarding extension of deputation for a period of another one year. By virtue of an Office Communication dated 13.05.2022, the respondents sent letter seeking NOC for extension of deputation for one year w.e.f. 15.06.2022 to 14.06.2023 in the Directorate of Education, Govt. of NCT of Delhi.
3. Learned counsel for the applicant submitted that School Education Department, Government of Haryana granted NOC for extension of deputation of the applicant in the service of Respondent No.2 vide letter dated 23.06.2022 for period between 15.06.2022 to 14.06.2023. He further contended that extension of deputation can be 3 OA No. 430/2023 Item No.47/C-5 claimed as a matter of right. Once NOC has been granted, the Department is duty bound, who has sought deputation rather the applicant who is working under the deputation, to extend the deputation by virtue of the OM dated 17.02.2016, which reads as under:
"if the administrative Ministries/Department and other borrowing organizations wish to retain an officer beyond 05 years, they may extend tenure of deputation covered by OM No. 6/8/2009-Estt. (Pay-II) dated 17TH June 2010, where absolutely necessary in public interest, upto a period not exceeding 07 years at a stretch. This shall be done with the prior approval of the Minister of the borrowing Ministry/Department concerned and in respect of other organization with the approval of the Minister of borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilances clearance of the officer concerned, NOC of the lending authority, UPSC/ACC approval wherever applicable."
4. Learned counsel for the applicant further stated that the competent authority has no alternative but to accept the NOC and extend the deputation period as such. He has challenged the impugned order dated 16.08.2022 (Annexure A2) on the ground that the impugned order so passed is cryptic and non-speaking order and does not even refer to the applicant's representation as well as to the NOC which has been accorded thereto. For the sake of better appreciation, the impugned order dated 16.08.2022 is reproduced below:
"Whereas, Ms. Mukesh Kumari presently posted/working as Lecturer(Political Science) on deputation from School Education Department, Govt. of Haryana, Panchkula was relieved from Dte. of Education, GNCT of Delhi vide order No. DE.2(8)(11)/EII/ 4 OA No. 430/2023 Item No.47/C-5 Deputation/2016/1257 dated 01/07/2022 with the direction to join her parent Department.
And whereas, Ms. Mukesh Kumari has submitted an application dated 04/07/2022 for cancellation of relieving order dated 01/07/2022 and extension of deputation period for another one year.
And whereas, the Competent Authority i.e. Hon'ble Lt. Governer, Delhi has not approved the extension of the deputation in respect of Ms. Mukesh Kumari, Lecturer (Political Science) in the Directorate of Education, GNCTD for the sixth year.
Now therefore, Ms. Mukesh Kumari, Lecturer (Political Science) is again directed to report to her parent department i.e. School Education Department, Govt. of Haryana, Panchkula with immediate effect."
5. The applicant admittedly joined on deputation with Respondent No. 2 for a period of one year w.e.f. 16.06.2017 and the same was extended till 15.06.2022 from time to time. However, by virtue of the impugned order, the applicant has been denied extension of deputation period.
6. Per contra, the learned counsel for the respondents placed reliance on the averments made in the counter affidavit and submitted that extension of the tenure of deputation is not a matter of right and for extension beyond five years, prior approval of the Competent Authority, i.e. Hon'ble Lt. Governor of Delhi in the case of Govt. of NCT of Delhi, is essential. In the case of the applicant, extension was obtained beforehand, however, the Directorate of Education did not receive NOC regarding further extension. 5 OA No. 430/2023 Item No.47/C-5
7. Learned counsel for the respondents placed on record the office order dated 16.08.2022, giving reference of the Hon'ble Lt. Governor's order and noting portion thereto, which reads as under:
"Ref: Pre-page
258. I have perused the proposal on pre-pages and the proposal for extension of the deputation in respect of Ms. Mukesh Kumari, Lecturer (Political Science) in the Directorate of Education, GNCTD for the sixth year is not approved.
*** ***
166. As directed, the matter is re-submitted regarding absorption of Mrs. Mukesh Kumari, PGT (Political Science), working in Directorate of Education, GNCTD on deputation since 16-06- 2017 form Directorate of School Education, Govt. of Haryana, Panchkula, Haryana.
167. As per notes at P-17/N the Hon'ble Lt. Governor had approved the deputation of Ms. Mukesh Kumari who is an employee of Haryana Government against the post of PGT (Political Science) in Directorate of Education. Consequently as per order having posting ID 20170117 dated 28/07/2017 (P- 90/C) she had been posted in SV-Kitchner Road-2026002 w.e.f. 16/06/2017 on deputation for the post of PGT(Political Science).
168. As per note at P-22/N, the deputation period of Ms. Mukesh Kumari was extended for a period of one year from 15/06/2018 to 14/06/2019 (P-96/C).
169. As per note at P-45-46/N, the deputation period of Ms. Mukesh Kumari had been extended for a period of one year from 15/06/2019 to 14/06/2020 (P-114/C).
170. Earlier, cases of absorption In respect of TGTs as per para. 81 (P-26/N) is as under:-
Name and On Date of Order Ground of
Subject of deputation of Absorption absorption
TGT from
Smt. Uma Himachal Order Dated As these cases
Sharma, TGT Pradesh 05/08/1988 are very old,
(SC-A) file is not
Smt. Maya Rajasthan Order Dated traceable
Wanti, TGT 20/08/1993
(Hindi)
Smt. Krishna Punjab Govt. 20/09/1995
Sharma TGT
(Gen.)
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OA No. 430/2023
Item No.47/C-5
Smt. Shashi Punjab Govt. 07/10/1998
Sharma, TGT absorbed
(SSC-B) wef.02.03.1997
Smt. Shashi Himachal 28/11/1998
Bala Sood Pradesh Absorbed wef.
02/11/1988
Smt. Mithilesh Rajasthan 30.10.2009 She was
Kumari TGT working on
(Hindi) deputation in
Dte. Of
Education
since 1986
from Govt. of
Rajasthan and
she was going
to be retired on
31/10/2009
and without
absorption her
retirement
benefits could
not be settled.
Jayanti Singh, A & Nicobar 26.03.2012 Her husband
TGT (N.Sc.) Admn. 1993 batch
DANICS
officer, then
posted In
Agricultural
Marketing
Board and she
had two kids,
the son in the
VIIIth class
and daughter
in the Vth class
she had
mentioned that
repatriation
will create
dislocation not
only in their
education but
also on family
life.
171. In this context, it is submitted that the Recruitment Rules for the post of PGT (Political Science) are at P-63-66/C and the Method of Recruitment is 25% direct Recruitment and 75% Promotion and there is no provision of deputation/absorption in the RRs. Further, in a similar matter of absorption in the case of Ms. Shailja Shukla, PGT (Chemistry) following observations have been made by the Chief Secretary vide note dated 29/05/2017 "As per the provisions of R.R, L.G. has been empowered to relax 7 OA No. 430/2023 Item No.47/C-5 any of the provisions of R.R. with respect to a class or category of persons/posts. It does not provide for relaxation in R.Rs in respect of an individual. Hence it is felt that proposal is not covered under rules and may not be agreed to." which have been approved by Hon'ble Lt. Governor (copy placed at P-99- 100/c).
172. As per notes from P-25/N onwards a proposal had been moved ror permanent absorption of Ms. Mukesh Kumari on her request dated 01/02/2019 (P-101/C) who is on deputation against the post of PGT (Political Science) in Directorate of Education.
173. Hon'ble Lt. Governor has desired In para. 139 at P-40/N that the proposal may be examined by Services Department In view of the existing RRs Rules/DoPT Instructions on the subject.
174. The matter has been examined by the Services Department and Its observation in detail are in para. 157 vide U.O dated 24/06/2019 placed at P-44/N the following has been mentioned "The request of Ms. Mukesh Kumari for permanent absorption on the post of PGT (Political Science) does not appear to fall under the existing guidelines, i.e. Recruitment Rules for the concerned post and the guidelines issued by Directorate of Education on transfer on deputation for teaching posts under Directorate of Education".
175. In view of paras.170-174, the file may be re-submitted before the Hon'ble L.G. for kind perusal please."
Since the proposal for extension of deputation for 6th year was considered by the Competent Authority but not acceded to, the transfer and relieving orders of the applicant were issued and, presently, the applicant is not serving in any School at Delhi.
8. In rejoinder, the learned counsel for the applicant has placed reliance upon the decision rendered by a Coordinate Bench of this Tribunal in O.A. No.3650/2024 in the case of Gayatri Chawla vs. Union of India and Anr., dated 10.01.2025. He also relied upon the decision rendered by the Hon'ble Apex Court in Mohinder Singh Gill & Anr. vs The Chief Election Commissioner, 1978 (1) SCC 8 OA No. 430/2023 Item No.47/C-5 405, and submitted that the pleadings cannot substitute the impugned order and cannot substantiate the reason for a non- speaking order.
9. Heard the learned counsel for the respective parties and have carefully gone through the pleadings on record.
10. On a perusal of the record, the position that emerges is that the deputation period of the applicant, who joined the Respondent No.2
- Directorate of Education on 16.06.2017, was continued/extended upto 5th tenure, i.e. till 15.06.2022. It is also noted that the repatriation of the applicant was virtually at the end of her term of 5th year of deputation and cannot be termed as premature. However, the contention of the applicant that the extension of deputation can be claimed as a matter of right and also that the Competent Authority has no alternative but to accept the NOC and extend the period of deputation.
11. All deputations are subject to certain standard terms and conditions including the one with regard to the maximum tenure of deputation and no deputation/absorption can be contemplated without the approval of the Competent Authority. As per OM dated 17.02.2016, the borrowing department may extend tenure of deputation beyond 5 years, but not exceeding 7 years, with the prior 9 OA No. 430/2023 Item No.47/C-5 approval of the competent authority. It would also be worthwhile to mention here that seeking NOC from the lending department is a part of this process but not culmination thereof. Hence, the contention of the applicant that competent authority has no other option than extending her deputation in 6th year, is not tenable. In any case, three years have already elapsed since repatriation of the applicant has taken place.
12. As per the settled position of law, a deputationist has no vested right to continue in deputation or claim a right to absorption at the end of a period of deputation and he can be sent back to his parent department at any time in view of the judgment rendered by the Apex Court in the case of Kunal Nanda vs Union of India & Anr., JT 2000 (6) SC 574, wherein it has been held as under:
"It is well settled that unless the claim of the deputationist for permanent absorption in the department where he works on deputation is based upon any statutory Rule, Regulation or Order having the force of law, a deputationist cannot assert and succeed in any such claim for absorption. The basic principle underlying deputation itself is that the person concerned can always and at any time be repatriated to his parent department to serve in his substantive position therein at the instance of either of the departments and there is no vested right in such a person to continue for long on deputation or get absorbed in the department to which he had gone on deputation."
13. Viewed thus, the impugned orders dated 01.07.2022 whereby the applicant has been repatriated to her parent department as well as the subsequent order dated 16.08.2022 cannot be found fault with, 10 OA No. 430/2023 Item No.47/C-5 which otherwise is in consonance with law governing the deputation and, therefore, cannot be interfered with.
14. The O.A. is accordingly dismissed being devoid of any merit. However, there shall be no order as to costs.
(Dr. Anand S. Khati) (Manish Garg)
Member (A) Member (J)
/jyoti/