Permanent Secondment :-
Para 4 of the subject O.M. be replaced as under:-
"Permanent secondment of the service officers in the DGQA
organisation shall ... PERMANENT
SECONDMENT
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(b) Non-empanelled Officers (Lt. Cols) who have been
granted permanent secondment in the DGQA in the past will
follows:
(a) Permanent Secondment will be restricted to the rank of
Lieutenant Colonel.
(b) Upper cut off age for consideration for permanent Secondment
will ... permanent Secondment by virtue of
their being finally superseded. Benefit thereof was given to the
respondent as well. He was permanently Seconded to DGQA
permanent secondment. The appellant was
not found fit for permanent secondment by the QASB.
The appellant filed a statutory complaint seeking
permanent secondment ... role
in grant of second tenure of permanent secondment of
any Army Officer in the DGQA Organisation. Further,
the terms and conditions of the Service
considering his name for permanent
secondment-in QASB(3)2005 and hence his name should, be
considered for permanent secondment ... changed career status and
recommended him for permanent secondment. He was permanently
seconded on 19 January 2006. He contends that he was all along kept
TARs is an essential
requirement for grant of permanent secondment/second tenure
to DGQA officers on tenure. Though the recommendation in
TAR is not mentioned ... recommended for
permanent secondment/grant of second tenure in the
organization. Recommendation in two TARs is essential for
consideration for permanent secondment because the officers
taken on tenure and granted permanent
secondment. Permanent secondment is nothing but
absorption.
4.2. Directorate General of Quality Assurance (DGQA) is
governed by rules ... whether
respondent on his secondment to DGQA had become an
employee of DGQA or not; whether employees of DGQA are
amenable to the jurisdiction
follows:
(a) Permanent Secondment will be restricted to the rank of
Lieutenant Colonel.
(b) Upper cut off age for consideration for permanent
Secondment will ... permanent Secondment by virtue of their being finally superseded.
Benefit thereof was given to the respondent as well. He was
permanently Seconded to DGQA
seniority in DGQA is a set procedure and therefore, petitioner
cannot be permitted to compare seniority of DGQA permanent seconded
officers with the officers ... Army. After joining DGQA
organization on permanent secondment, the officer is included in cadre
seniority list of permanently seconded service officers as per their dates
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 ... which paragraph 4 stated as under:
"(4) Permanent Secondment
Selection for permanent secondment will be made from
amongst tenure officers who have done
state, being a permanently commissioned
officer in the Indian Army, unless Indian Army formally releases
the petitioner for permanent secondment in DGQA, he could ... permanent secondment
alleging shortage of staff.
v. The Indian Army has now no objection to petitioner's
permanent secondment with DGQA.
vi. The Board
