Document Fragment View

Matching Fragments

4. On 13th August, 2010 the CAG informed all eligible and willing Senior Administrative Grade Officers to send their willingness to the CAG to be appointed as Finance Officer of JNU, by 20th August, 2010. On 17th February, 2011 the Appellant sent an application to the CAG. On 8th February, 2011 the Vice Chancellor (VC) of JNU had asked the office of the CAG to send the names of few more officers so that the Selection Committee, constituted under Section 27 (2) (G) of the Statutes of JNU could select a competent candidate. By a letter dated 4th March, 2011 the CAG sent the names and bio-data of three officers for consideration.

Transfer on deputation or Appointment on deputation?

22. The first question to be considered is whether the Appellant‟s appointment as Finance Officer in the JNU was by way of transfer by deputation simpliciter or was it a case of „appointment by deputation‟, with the emphasis being on word „appointment‟ as contended by him?

23. The first letter concerning the appointment of the Appellant is one dated 6th April, 2011 addressed by the VC of JNU to the Assistant CAG in the office of the CAG. It says that based on the recommendations of the Selection Committee, the EC in its meeting held on 5 th April, 2011 had approved the appointment of the Appellant as Finance Officer, JNU. The Assistant CAG was requested to arrange to get the Appellant relieved from his posting to enable him to join as Finance Officer in JNU. Interestingly, the letter given by the Appellant to the Assistant CAG on 17 th February, 2011 expressing his willingness to apply for the post gives the subject matter as "Deputation as Finance Officer in Jawaharlal University, New Delhi."

"In continuation of the Office Order No. 163 date 17th May, 2012, the deputation term of Sh. R.K.Verma, IA & AS, as Finance Officer of the University has been extended to five years i.e. up to 18.05.2016 on the existing terms & conditions of deputation.
This issues with the approval of the competent authority."

28. A copy of this order too was marked to the office of the CAG.

29. A note was prepared by the Registrar of JNU on 8th October, 2015 for consideration of the VC pointing out that the term of the Appellant was ending on 18th May, 2016, the date on which he would complete five years. Reference was made to the Ordinance concerning the terms and conditions of service of the Finance Officer in terms of which his tenure would be five years which could be renewed for similar tenures by the EC "and he shall retire on attaining the age of 62 years." It was accordingly proposed that the Appellant could be asked whether he was willing to consider for renewal of his tenure for a further period of five years or till he attains the age of 62 years, „whichever is earlier.‟ This was placed before the VC on the same date. A letter was then addressed on 4th December, 2015 by the VC to the CAG requesting the CAG that the "deputation period" of the Appellant as Finance Officer of JNU "be extended till 31st December, 2017." This was obviously because both JNU and CAG were aware that the Appellant was superannuating in his post in the CAG‟s office on 31 st December 2017. The question of the „deputation‟ extending beyond that date did not arise.

(iii) No further extension beyond the fifth year shall be considered."

38. There are several indications of the Appellant continuing on deputation throughout this period up to his actual date of repatriation to the CAG. The first is that JNU continued to send his pension contribution, leave contribution and PF contribution to his parent department i.e. the CAG. Secondly, he was drawing salary from 1st January, 2016 in the JNU, upto his repatriation to the CAG, as per the recommendations of the 7th CPC. This higher pay had not been implemented for permanent employees of the JNU whereas it had been implemented in the office of the CAG. Thirdly, his letter of appointment clearly stated that his terms and conditions of appointment would be governed by the DoPT norms. This meant the DoPT OM dated 5th January, 1994 as substituted by the OM dated 17th June, 2010.