IMPORTANT POINT
When candidates are governed by two different sets of rules in the deputation service, even if they are analogous posts, one cannot be transposed from the service of one set of rules into the service of another set of rules.

ORDER

This special leave petition arises from the judgment of the Central Administrative Tribunal, Hyderabad, made on December 24, 1996 in O.A. No. 1333/95.

2. The admitted position is that the petitioner, while working as Section Officer in the Intelligence Bureau, Ministry of Home Affairs, Govt. of India, came on deputation to the C.A.T., Hyderabad Bench on June 14, 1989 as Private Secretary to the Member. Thereafter, he sought absorption in the services of the C.A.T. as Private Secretary. There was a long drawn correspondence on this issue and ultimately an option was given to him to get absorbed as Section Officer. Accordingly, he opted for and accepted unconditionally his absorption as a Section Officer in the CAT. He came to be absorbed w.e.f. November 4, 1996. He filed an O.A. in the Tribunal claiming seniority with reference to the date of his promotion as Section Officer in his parent Department or alternatively, from the date of his deputation from June 14, 1989 contending that he had given his option subject to protection of his seniority. The Tribunal has pointed out in its order that there are two different sets of rules for the recruitment of Private Secretaries and Section Officers. The posts of Private Secretary is governed by the rules called Central Administrative Tribunal Stenographers Services (Group B and C Posts) Recruitment Rules, 1989. Equally, there are rules issued by the President under the Act governing the ministerial staff. They are called the Central Administrative Tribunal (Group B and C Miscellaneous Posts) Recruitment Rules, 1989. The posts of the Private Secretary are covered by the Stenographers Services Rules while the posts of Section Officer are covered by the Ministerial Staff Services Rules. Rule 5(1) of the former Rules reads as under:

"5(1) Notwithstanding anything contained in the provisions of these rules, the persons holding the posts of Private Secretary.....in the CAT on the date of commencement of the rules....... on deputation basis and who fulfil the qualifications and experience laid down in these rules and who are considered suitable by the Departmental Promotion Committee shall be eligible or absorption/regularisation in the respective grade subject to the condition that such persons exercise their option for the absorption and that their Parent Department do not have any objection to their being absorbed in the Tribunal."

The Tribunal has pointed out the appointment of the appellant to the post of Private Secretary was made by way of transfer on deputation and is governed by the conditions mentioned in Annexure I to the Rules. The Tribunal ordered as under :

"The "CAT (Group B & C Miscellaneous Posts) Recruitment Rules, 1989" were made separately vide Notification dated 20.9.89 by the Department of Personnel & Training. These rules make separate provisions for the posts of Court Officers/Section Officers . In the Schedule the post has been designated as Group B Gazetted in the pay scale of Rs. 2000-3500/-. Only to that extent it is similar to Private Secretary. However, the mode of recruitment is different. The method prescribed is:

"(i) 50% by Direct recruitment failing which by Transfer/transfer on deputation.

(ii) 50% by promotion failing which by transfer on deputation."

The entry in column 12 on which an argument of the applicant has been built, in so far as material here, provides as follows:

"(ii) Transfer on Deputation/Transfer":

Person working under Central/State Government/High Court/Subordinate Courts.

(a) (i) holding analogous post on regular basis, or

(ii) holding posts of Assistant or equivalent in the scale of Rs. 1400-2600 with 8 years regular service.

(b) possessing the educational qualifications prescribed for direct recruits in column 8".

The appointment is through selection by D.P.C. Rule 5 of the aforesaid rules also makes provision for absorption/ regularisation