Central Administrative Tribunal - Hyderabad
T Vijay Kumar Reddy vs Ministry Of Information And ... on 27 June, 2024
OA/494/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
HYDERABAD BENCH
OA/021/494/2024
HYDERABAD, this the 27th day of June, 2024
Hon'ble Dr. Lata Baswaraj Patne, Judicial Member
Hon'ble Ms. Shalini Misra, Administrative Member
Mr. T.Vijay Kumar Reddy, IIS
S/o: T.Kaspa Reddy, Aged: 57 years
Ministry of Information & Broadcasting,
Government of India New Delhi .
...Applicant.
(By Advocate: Mr. K Sudhaker Reddy)
Vs.
Union of India
Represented by its Secretary
Ministry of Information & Broadcasting
Government of India
New Delhi.
... Respondents.
(By Advocate: Mrs. B Gayatri Varma, Sr.CGSC)
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OA/494/2024
ORAL ORDER
(As per Hon'ble Dr. Lata Baswaraj Patne, Judicial Member) By this Original Application, the applicant is seeking the following relief:
" This Hon'ble Tribunal may be pleased to declare the action of the respondent in not acting upon the joining report submitted by the applicant vide representation dated: 10-06- 2024 as clearly illegal, arbitrary and clear violation of the applicants fundamental rights guaranteed under Article 14 of the Constitution of India and consequently direct the respondent here in to accept the joining report submitted by the applicant and issue the necessary posting orders forthwith and pass such other and further order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case."
2. The brief facts of the case are that the applicant belongs to Indian Information Service (IIS) Group-A (1990), and he is a HAG officer, Government of India, Ministry of Information & Broadcasting, New Delhi. Initially Government of India, Ministry of Information & Broadcasting, New Delhi, issued office order No 45/2019-IIA, Dated: 07-06-019 placing the services of the applicant at the disposal of the Government of Andhra Pradesh on deputation for a period of two years from the date of his joining in the Government of Andhra Pradesh or until further orders. On his relief, vide order Press Information Bureau, Gol, New Delhi orders FNO.4/34/2018 -H (Per), dated: 11-06-2019, applicant reported in General Administration Department on 10-06-2019 F.N. and posted as Commissioner, Information & Public Relations &Ex Officio Secretary to Government of AP, General Administration (I&PR) Department . Further, Govt. of India, vide letter dated 05.03.2021, extended the period of the tenure of deputation for a further Page 2 of 11 OA/494/2024 period of 3 years w.e.f. 10.06.2021 to 09.06.2024 and consequently the Govt. of A.P. issued order dt 26.03.2021 allowing the applicant to continue further. On completion of the tenure of deputation, the applicant submitted a representation dated 04.06.2024 to the Govt. of A.P. to relieve him w.e.f 07.06.2024 so as to enable him to report to his parent department. Thereupon, Govt. of A.P. vide letter dt. 06.06.2024 informed the applicant that they requested his parent department vide letter dt. 17.05.2024 to convey their orders to extend the deputation period for two more years and orders in that regard are still awaited. In response to the above letter of state of AP, Ministry of Information & Broadcasting, addressed vide their letter, dated: 06 June 2024 stating that, the request of state Government for extension of deputation tenure of the applicant for further period of two years beyond 10-06-2024 has been examined and as per the revised guidelines for Deputation of Group-A- Officers, Vide Do&PT OM dated: 15- 03-2024 , the total allowable period of deputation to any State Government in the entire career of the officer shall be restricted to five years and no extension of deputation beyond five years shall be allowed and as such, extension of deputation tenure of the applicant is not feasible. Thus, the Ministry requested the state of AP to relieve the applicant on 09-06-2024 to join back the IIS Cadre. The applicant submitted representation dated: 10-06-2024, to the Secretary, Ministry of I&B, New Delhi and informed that, having completed the tenure period of deputation and on rejection of the request of State Government for further extension of 2 years by the Gol, he has relinquished the charge of the posts in the State of AP and got relieved himself vide Email sent to the Chief Secretary ,Govt of AP, Dated: 09-06-2024 and reported to his parent Cadre on forenoon of 10-06- 2024 in compliance of OM No. 6/8/2023-Pers, Policy (Deputation/Re- employment) Pt,VX Government of India, Ministry of Personnel Public Page 3 of 11 OA/494/2024 Grievances and Pensions, Department of Personnel & Training, dated: 15-03- 2024
3. It is submitted by the applicant that he has already intimated to the respondent vide his representation dated: 10-06-2024, that he is no more interested on deputation tenure and reported back to the parent department Ministry of Information & Broadcasting, in the afternoon of 10-06-2024 and awaiting the posting orders. Respondents' already rejected the request of state of AP further extension of deputation tenure for another 2 years and applicant also expressed his unwillingness to continue further on deputation and reported back to parent dept. and requested for posting. Even though reported back to the parent department after completion of the deputation tenure, Respondent have not issued any posting orders to the applicant without any valid reasons and hence being aggrieved the applicant has approached to this Tribunal.
4. After notice the respondents have appeared through their counsel, filed a detailed reply and opposed the relief on the ground that the applicant has joined the Ministry without getting the appropriate relieving letter from the borrowing Dept. Further, the respondents have received another communication from the borrowing Ministry by e-mail dated 11.06.2024 and they were requested not to admit the applicant in the parent cadre and direct him to report back to the Government of Andhra Pradesh for proper relief. The respondents further contended that the applicant who has relieved himself, has not followed the O.M. dated 15.03.2024. This Tribunal, vide interim order dated 18.06.2024, directed the Union of India to issue posting order to the applicant. Therefore, the respondents also filed the M.A. for Vacating the said interim order dated 18.06.2024.
5. Heard both sides and perused the records.
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OA/494/2024
6. The learned counsel for the applicant strongly argued relying upon the O.M. dated 15.03.2024. By this O.M. partial modification has been done with the existing instructions, in regard to the deputation of Group-A officers in the Central Government ex-cadre post under the State Government/ LIT administration including PSUs/ Autonomous bodies/ Statutory bodies/ Universities/ Local bodies under the State/ UT Administration. Thereby, they have incorporated some new directions that the total allowable period of such a deputation for any State Government/ LIT administration including PSUs/ Autonomous bodies/ Statutory bodies/ Universities/ Local bodies under the State/ UT Administration, in the entire career of the officer should be restricted to 5 years and no further extension of deputation beyond 5 years shall be allowed.
7. The learned counsel for the applicant further contended that the applicant has admittedly completed his 5 years tenure in the State of A.P., the borrowing State by 09.06.2024.
8. The learned counsel for the applicant further contended that if the borrowing State wants to request for the extension of the deputation of the Officer, they have to make a request at least three months prior to the period of the deputation with cogent reason. If no specific approval of the Central Government for extension is received within the period for which deputation was originally valid, the officer shall have to be relieved positively and immediately on completion of the original tenure.
9. The learned counsel for the applicant submits that at the fag end of the deputation period on 06.06.2024, the borrowing State has requested to the parent Ministry for further extension of two years period on deputation of the applicant. The parent Ministry vide its communication dated 06.06.2024, have rejected the request and directed the State Govt. to relieve the applicant on Page 5 of 11 OA/494/2024 completion of his State deputation tenure on 09.06.2024 to join back the IIS cadre. Though the applicant has submitted his request, vide his repeated mails, the borrowing State has not issued any relieving order. Following with the said O.M. dated 15.03.2024, deputation is valid only for the period for which it is allowed by the Central Government and any extension is neither automatic nor should be presumed merely on the ground that the Cadre Authorities concerned or officer or both made a request for extension. As such, the officer shall be entitled to draw salary etc. in the borrowing State Government to which he/she has been deputed only for the period for which he/she has been allowed deputation by the Government of India.
10. The learned counsel for the applicant further contended that if an officer has not reported immediately after the completion of deputation period, then he/ she shall not be entitled to draw salary etc. after expiry of the period of deputation. Further, the O.M. clause (ix) of the O.M. dt.15.03.2024 also made clear that in case where an officer has completed the approved period of deputation, it would be made clear to that officer and the cadre authorities concerned that adverse action will be taken at the time of empanelment and promotion of that officer, if that officer continued on such deputation beyond the approved period of deputation. Therefore, followed with the O.M. clause
(x), an officer on such a deputation shall relinquish charge and get himself/ herself relieved on the last day of his /her deputation, if no orders extending his /her deputation by the concerned Cadre Controlling Authority are received in the borrowing State Government. Therefore, the applicant has submitted his written request on 09.06.2024 and informed the borrowing State that he is getting himself relieved to proceed and report to the parent cadre, Ministry of I&B. The applicant has reported to his parent Ministry on 10.06.2024 and the same has been acknowledged by the Director. Therefore, the correspondence Page 6 of 11 OA/494/2024 which has been made by the borrowing Ministry vide their e-mail dated 11.06.2024, after he relieved himself and joined to the parent Ministry, not to admit him in the parent cadre and direct him to report back to the Government of Andhra Pradesh for proper relieving is unwanted and against the said O.M.
11. The learned counsel for the applicant further contended that the respondents, parent Ministry is writing mails to the applicant and asking for the relieving order, which is totally contradictory to the O.M. clause (x). If at all, such formalities have to be completed by both the Ministries by exchanging their correspondence amongst themselves, the innocent employee cannot be dragged into such a communication and the same is against the O.M. guidelines.
12. On the other hand, the learned counsel for the respondent vehemently opposed the relief by contending that if the borrowing state wants to seek an extension of the deputation of the employees on deputation, they have to make a request at least three months prior to the period of the deputation with cogent reasons. If no specific approval of the Central Government for extension is received within the period for which deputation was originally valid, the officer shall have to be relieved positively and immediately on completion of the original tenure.
13. The learned counsel for the respondent further contended that the respondents have received the communication from the borrowing State on 11.06.2024 that not to admit the applicant in the parent cadre and direct him to report back to the borrowing State. The respondents also informed to the Chief Secretary of the borrowing State to follow the policy on deputation dated 15.03.2024 and complete all the paper formalities as required under the policy as well as the law.
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OA/494/2024
14. It is to be noted that with partial modification, the Government of India, vide its O.M. dated 15.03.2024 has issued certain guidelines in the matters of deputation which have been extracted for the reading referral as under :
(iii) The IS July of the batch year is to be considered as the starting date of calculating length of service for the purpose of counting nine years of eligibility of the officers seeking deputation. In case of promotee officers, nine years of eligibility service for seeking such deputation shall be counted from the 1St July of the year of allotment/induction into Group 'A' service or promotion to Group 'A' post.
(viii) A request for extension of deputation after the initial period of deputation (subject to restriction of the overall tenure of deputation of five years) will be entertained only if it is forwarded by the Cadre Controlling Authority along with NOC of the borrowing State Government, with cogent reasons and at least three months prior to the expiry of the period of deputation. In case no specific approval of the Central Government for extension is received within the period for which deputation was originally valid, the officer shall have to be relieved positively and immediately on completion of the original tenure.
(ix) In cases where an officer has completed the approved period of deputation, it would be made clear to the officer and to the Cadre Authorities concerned that adverse notice will be taken at the time of empanelment and promotion of the officer if the officer continued on such deputation beyond the approved period of deputation.
(x) The deputation is valid only for the period for which it is allowed by the Central Government and any extension is neither automatic nor should be presumed merely on the ground that the Cadre Authorities concerned or officer or both made a request for extension. As such, the officer shall be Page 8 of 11 OA/494/2024 entitled to draw salary etc. in the borrowing State Government to which he/she has been deputed only for the period for which he/she has been allowed deputation by the Government of India. The officer shall not be entitled to draw salary etc. after expiry of the period of deputation. An officer on such deputation shall relinquish charge and get himself/herself relieved on the last day of his/her deputation, if no orders extending his/her deputation by the concerned Cadre Controlling Authority are received in the borrowing State Government.
(xi) An officer who does not handover charge at the end of the approved period of deputation will be immediately liable to disciplinary action and break-in-service for the period beyond the approved date. All orders of deputation will carry endorsement to this effect. Further, an endorsement will also be made to the Accountant General of the State/UT Administration or competent authority concerned to stop payment of salary to the officer beyond the approved period of deputation. In case of overstay, the officer will be immediately liable to disciplinary action and break-in-service for the period beyond the approved date.
(xiii) In the event the officer overstays for any reason whatsoever, he/she is liable for disciplinary action and other adverse Civil/Service consequences which would include the period of overstay not being counted towards service for the purpose of pension and any increment due during the period of overstay being deferred with cumulative effect, till that date on which the officer rejoins in his parent organization.
(xiv) The State/UT/borrowing Organizations are advised to relieve the officer promptly on the last date of completion of the deputation tenure without fail unless the competent authority in the Central Government extends the period of deputation in writing prior to its date of expiry. Page 9 of 11
OA/494/2024
15. It is also to be noted that admittedly the applicant has completed his deputation tenure of 5 years and as per the said O.M., no further extension may be granted beyond more than 5 years. Further, if at all, the borrowing State wants to seek the extension of the deputation period of any such officers on deputation, they have to initiate the proposal three months prior to the completion of the said tenure. Though the borrowing State has written the letter on 06.06.2024 requesting for further extension of deputation period by two years, the parent Ministry i.e. the respondent has rejected the same on 06.06.2024 and also requested to relieve the applicant upon the completion of the said deputation period and the officer shall join back the IIS Cadre.
16. It is to be noted that though the applicant has made repeated requests vide his e-mails, but the borrowing Ministry has not taken any cognizance either of the letter received from the parent Ministry or from the applicant who was working there on deputation. The applicant has not been left with any option as he has to submit his relinquishment letter. Thereby, he has submitted the same on 09.06.2024 and got himself relieved as per the policy in vogue as per para (x) as recorded above. The applicant has reported to the parent Ministry on 10.06.2024 and the same has been acknowledged by the Director. Subsequent to his joining, the borrowing State has written a letter to the parent Ministry and directed them not to admit the applicant and instruct him to report back.
17. We are unable to understand when a policy has been framed, it is up to the employer that has to be followed strictly in accordance with the rules and laws mentioned therein. It is also to be noted that the employer has to consider, if the employee is making such a request following with such O.M.s conditions.
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OA/494/2024
18. It is also to be noted that once the applicant has reported back to the parent Ministry on completion of his deputation, immediately on 10.06.2024 i.e. the next day after completion of his deputation tenure, as noted, being a model employer, they have to issue the posting orders immediately and not to harass the applicant.
19. However, we have seen that the communications which have been exchanged by the borrowing State and the parent Ministry are not up to the mark and not followed with the O.M.s on the subject. Therefore, the action taken by the respondents by not giving the posting orders is not sustainable in the eyes of law and the same is required to be declared as contrary to law.
20. Accordingly, the applicant is entitled for the relief prayed in the O.A. and in view of the same O.A. is allowed with the direction to the respondents to issue the posting order as well as in respect of the other formalities like relieving letter etc., they can exchange the correspondence with the borrowing State without any further harassment to the applicant. This exercise has to be carried out forthwith.
21. The O.A. is allowed in terms of above. No order as to costs. M.A. pending, if any, stands closed.
(SHALINI MISRA) (DR. LATA BASWARAJ PATNE)
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
/KR/
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