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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Comptroller and Auditor General of India – Appellant
Versus
Niraj Kumar Singh – Respondent
| Table of Content |
|---|
| 1. details of applicant's employment history and deputation process. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. dispute regarding the applicant's right to permanent absorption. (Para 9 , 10 , 12 , 13 , 14) |
| 3. tribunal's opinion on absorption rights and dopt memorandum. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 4. legal position on deputation and absorption rights. (Para 26 , 27 , 28 , 29) |
| 5. final order allowing writ application. (Para 30 , 31 , 32) |
JUDGMENT :
Madhuresh Prasad, J.
1. The petitioner was the respondent before the Tribunal. By the impugned order passed by the Central Administrative Tribunal (CAT), Kolkata Bench the Tribunal directed the present petitioners to take necessary steps to absorb the applicant/respondent on permanent basis as Assistant Audit Officer in the office of a Director General of Audit, South-Eastern Railway, Kolkata, if otherwise found fit.
2. The brief factual background of the case is required to be taken note of for proper appreciation. The applicant before the Tribunal was working in the grade of DEO in the office of the Principal Director of Audit, Southern Railway, Chennai. He thereafter successfully cleared the Subordin
A deputationist has no vested right to permanent absorption unless expressly provided by statutory rules or regulations in force.
No indefeasible right to absorption in deputation office for officer on personal request deputation across distinct cadres; Child Care Leave extension subject to service needs; headquarters posting o....
The authority of the Executive in making decisions regarding recruitment and mode of appointment, and the absence of a vested right for the Petitioner to insist on the completion of the permanent abs....
The court upheld that without clear statutory provisions allowing absorption, deputationists retain no right to permanent positions, reaffirming previous rulings.
The main legal point established in the judgment is that the effective date of permanent absorption is determined by the Cabinet approval, and the petitioner's claim for seniority from an earlier dat....
Legitimate expectation for absorption in CBI based on NOC from the parent department and commendable service in CBI justified the court's decision to set aside the Tribunal's order and direct the pet....
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