R.S. RAWAT versus UNION OF INDIA AND ANR.

R.S. RAWAT versus UNION OF INDIA AND ANR.

Absorption must be based on the substantive post held in the parent department at the time of option, and not the officiating position; therefore, appellant's absorption as JIO, Grade II was correctly done, but IB must protect his seniority and past service as assured by departmental letter.

Parties
Appellant: R.S. Rawat; Respondents: Union of India and Anr.
Jurisdiction
India
Judgment Date
19 April 1996
Procedural Posture
Civil Appeal / Appeal From Order of Central Administrative Tribunal, New Delhi in O.a. No. 1486 of 1990
Outcome
Appeal disposed of
Legal Topics
Deputation, Absorption, Seniority Protection, Public Service Employment
Service Law Deputation Absorption Seniority Protection Public Service Employment

Case Brief

Summary, issues, holding and outcome

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Parties

R.S. Rawat

Appellant

Union of India and Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal From Order of Central Administrative Tribunal, New Delhi in O.a. No. 1486 of 1990

Legal Issues

  1. 1 Whether appellant is entitled to confirmation on officiating position as Junior Intelligence Officer (JIO), Grade I in IB
  2. 2 Criteria for absorption and protection of seniority in the absorbing department

Ratio Decidendi

Absorption must be based on the substantive post held in the parent department at the time of option, and not the officiating position; therefore, appellant's absorption as JIO, Grade II was correctly done, but IB must protect his seniority and past service as assured by departmental letter.

Court Disposition

Appeal disposed of

Orders

  • IB directed to take appropriate action to protect seniority and past service of the appellant within four weeks from receipt of the order and communicate the decision to him.
  • No costs.