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Showing contexts for: NOC FOR deputation in Somesh Kumar vs M/O Home Affairs on 28 April, 2016Matching Fragments
3. The Respondent No.4 also simultaneously conveyed his approval for permanent absorption of the applicant in the borrowing department, through the letter dated 26.05.2014 (Annexure A-8), at the same time also prescribing that no permission for further extension of the applicant's deputation would be granted, since the NOC for his absorption had already been granted. Vide Office Order dated 29.09.2014, the applicant's deputation period was extended for completion of 4 ½ years' period upto 02.03.2015.
(D.D.K.T.Dason) Assistant Controller of Accounts".
25. Therefore, it is not as if the applicant had at any stage been unaware about the status of his deputation with the Respondent- Department. The parent department of the applicant had initially declined to issue NOC for his permanent absorption with the Department of Respondents No. 2 & 3, but had later through their letter dated 26.05.2014 (Annexure A-8) granted NOC for such permanent absorption. Thereafter, respondents No. 2 & 3 did not take timely action, and through Annexure A-9 dated 29.08.2014 sought extension of his deputation for six months in the 5th year, stating that the permanent absorption of the application was under active consideration. This request was acceded to by the Respondent No.4 through Annexure A-10 dated 15.09.2014 for extension of the applicant's deputation by the requested period of six months from 03.09.2014 to 02.03.2015, with the proviso that no further request for extension of his deputation tenure will be entertained, since they have already issued the NOC for his permanent absorption with the department of Respondents No. 2 & 3.
26. Based upon this, Respondents No. 2 & 3 had issued the Office Order No.226/2014 (Annexure A-11) dated 29.09.2014 extending the applicant's deputation for six months of the 5th year deputation from 03.09.2014 to 02.03.2015. In spite of a clear cut statement from the parent department of the applicant on 15.09.2014 that no further extension of the applicant's deputation tenure will be entertained, since NOC for his permanent absorption had already been issued by them earlier on 26.05.2014, the Respondents No. 2 & 3 still sent a letter dated 20.02.2015 at Annexure A-12 seeking further consent/NOC for extension of deputation period of the applicant for another six months for 5th year of his deputation, i.e., w.e.f. 03.03.2015 to 02.09.2015.
27. Neither the applicant, nor the respondents, have brought on record any reply from Respondent No.4 to this communication having been received by the Respondents No. 2 & 3. Therefore, the continuation of the applicant's deputation with Respondents No. 2 & 3 w.e.f. 03.03.2015 was in the absence of any consent/NOC for extension of his deputation period by the last six months' period of the 5th year of his deputation by his parent Cadre Authority-Respondent No.4. It was five months after Annexure A-12 dated 20.02.2015 with OM dated 23.07.2015 (Annexure- A) reproduced above was issued, stating that the instructions regarding absorption of deputationists stand withdrawn, and that all deputationists shall stand repatriated to their parent departments on completion of their term.