( 1 ) THE Union of India is the appellant against the order of the Central Administrative tribunal (for short the Tribunal), dated 24th April, 1992. passed in O. A. No. 1001/91. By the impugned order, the tribunal directs the Union Government to absorb the respondent in the post of deputy Director (Development) w. e. f. the date when the last period of his deputation formally ended, i. e. , w. e. f. 1. 1. 1990.

( 2 ) THE post of Deputy Director (Development) could be filled up only by direct recruitment under the relevant recruitment rules framed under the proviso to article 309 of the Constitution of India. The said recruitment rules, inter alia, rule 6 confers powers of relaxation with the Central Government and such relaxation has to be given for the reasons recorded in writing and in consultation with the Union Public Service commission (for short the UPSC ). Consultation with the UPSC is necessary, obviously because the direct recruitment has to be made after selecting the candidate through the UPSC. The respondent, who was serving in the department, was sent on deputation after due consultation with the UPSC in exercise of power of relaxation under rule 6 of the recruitment r