IMPORTANT POINT
Unless the claim of the deputationist for permanent absorption in the department where he works on deputation is based upon any statutory Rule, Regulation or Order having the force of law, a deputationist cannot assert and succeed in any such claim for absorption.

JUDGMENT

Raju, J.-Special leave granted.

2. The appeallant, who lost before the Tribunal as well as the High Court, has come up before this Court challenging the judgment of the High Court declining to interfere with the order dated 16.4.1999 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 241 of 1999 which, in turn, repelled a challenge to the repatriation of the appellant to his parent department. The appellant, a member of CRPF and serving as an Assistant Sub-Inspector in the said parent department w.e.f. 1.1.87, joined the service of CBI on deputation in the same capacity as ASI on 1.8.91. He continued to work as/ASI on the deputation terms for the initial period, which came to be extended from time to time with the mutual consent of the lending and borrowing department. In the year 1994, no doubt, the borrowing department expressed an inclination for permanent absorption in the CBI and sought for the concurrence of the CRPF to which, it appears, the lending department also conveyed its clearance.

3. It may be noticed at this stage that while on such deputation in the CBI, the appellant was also appointed as Sub-Inspector on 1.6.95 and in his parent department also he was promoted as such. There are no specific statutory rules as such governing the question of absorption of a deputationist. On the other hand, the said subject is governed by departmental instructions and circular orders as per which the qualification and experience of the Officers to be selected should be comparable to those prescribed for direct recruits to such posts where direct recruitment has also been prescribed as one of the methods of the appointment in the Recruitment Rules. In consonance with such procedure, the appellant was asked to undertake a written test. He made a formal application disclosing his credentials and on the basis of his performance in the written test, the record relating to last five years A.C.Rs. (Part-I-Personal Data) for the period 1993-94 to 1997/98 in which the appellant mentioned about his basic educational qualification as B.A. and his performance in the interview, the Screening Committee constituted for the purpose recommended the absorption of the appellant in the CBI as Sub-Inspector. But when the appellant was asked to produce the documents in original in support of his educational qualifications etc., the appellant started explaining that for a person of his standing in service the basic educational qualification of passing Senior Secondary Examination is enough and passing of degree examination, may not be insisted upon. This was not only contrary to his earlier representation that he was a graduate but the Screening Committee s recommendation for absorption in CBI was also on the basis that the appellant was a graduate, as disclosed by him. This seems to have been taken also as proof of his doubtful integrity in furnishing wrong information about his educational qualification to be graduation to some a how gain absorption. Since, in terms of the relevant rules the total period of deputation in the rank of ASI/SI including that of deputation in any other cadre/cadre post cannot be for more than five years, the appellant was repatriated to his parent department and also relieved with effect from 31.1.99. (A.N.) with a direction to report for duty to the parent department. Apprehending the same, the appellant moved the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 241 of 99.

4. The Tribunal by its order dated 16.4.1999, rejected the claim of the appellant holding that he had no vested right to absorption, that he was not totally an indispensable person in CBI and that he being not a graduate cannot be absorbed, under the relevant rules. The grievance of alleged differential treatment has also been found to be not substantiated - in that the absorption erroneously made of N.N. Mishra (a mistaken reference to N.P. Mishra) is sought to be undone by already initiati