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3. On completion of the second tenure, after serving for a total duration of 5 years in DGQA, the petitioner was sent back to his parent organization i.e. the Indian Army since the petitioner had completed the maximum period of 5 years on deputation with DGQA.

4. The grievance of the petitioner is that during his deputation period, the respondents have illegally rejected the claim of the petitioner for permanent secondment in DGQA by erroneously applying the policy dated August 11, 2011. It is the case of the petitioner, who appeared in person, that his case for permanent secondment in DGQA ought to have been considered as per the Policy dated May 12, 2011 or as per the Policy dated November 16, 2007. Thus, as per the petitioner his case for permanent secondment in DGQA could not be considered as per the policy dated April 23, 2010.

9. To understand the policies relating to permanent secondment, we had gone through all the policies on the subject. To begin, the first policy relating to permanent secondment in DGQA was issued on October 28, 1978 in which paragraph 4 stated as under:

"(4) Permanent Secondment Selection for permanent secondment will be made from amongst tenure officers who have done at least two years‟ service as Major/Lt. Col. or equivalent in the Inspection Organization and who possess the qualifications for the various disciplines laid down in the Annexure „A‟.
(a) On the orders of Central Govt. Special Merit Board has been discontinued by the Army since 2006. Consequently, tenure Officers finally non-empanelled (superseded) will not be considered for grant of permanent secondment in DGQA.
(b) Non-empanelled Officers (Lt. Cols.) who have been granted permanent secondment in the DGQA in the past will be granted only one promotion to the next higher rank of Col. (TS) on completion of 26 years of service. However, such officers in DGQA can retire as per norms applicable to Permanent Secondment Service Officers in DGQA. An option will be given to such officers, if so desirous, for reversion to the army for their further management. This clause shall also be applicable to those non-empanelled officers who have been granted the rank of Colonel in DGQA.

18. In the present case, the petitioner had been sent on deputation to DGQA on January 28, 2009, thus, the present policy in light of para 3 cannot be applied to the case of the petitioner.

19. The case of the petitioner for grant of permanent Secondment was considered by the QASB held on August 11, 2011 and since he was not covered by policy dated May 12, 2011, his case was considered as per policy dated April 23, 2010. Under the said policy, a person who had been finally superseded was not entitled to be considered for grant of permanent secondment in DGQA. Admittedly the petitioner had been finally superseded on June 01, 2009 and therefore, as per the above noted policy, was not entitled to be considered for permanent Secondment and was rightly rejected by the QASB.