The central legal point established in the judgment is the mandatory nature of Regulation 11(iia) of the 2001 Regulation in determining the seniority of employees absorbed after deputation, and the specific conditions for allowing past service to be counted. The judgment emphasizes the importance of adhering to rules and regulations to ensure transparency, objectivity, and uniformity in administrative decisions.

SANJIV KHANNA, J.

1. Telecom Regulatory Authority of India (TRAI, for short) by this writ petition impugns order dated 25th May, 2015 passed by the Principal Bench of the Central Administrative Tribunal, New Delhi (Tribunal, for short) in OA No. 1030/2014.

2. The aforesaid OA was filed by Mr. Dinesh Singh Dhanik, respondent No. 1 before us, who claims that he is senior to Ms. P. Janki, respondent No. 4 in the post of Section Officer (Hindi). Ms. P. Janki, the fourth respondent before us has not challenged the impugned order dated 25th May, 2015 passed by the Tribunal holding that the first respondent is senior to her.

3. The relevant facts are rather circumscribed, but do require elucidation. They are:-

(a) The fourth respondent Ms. P. Janki was appointed as an Assistant in the TRAI in the year 2001.

(b) On 1st January, 2009, she was promoted as Section Officer (Hindi) in Pay Band-2 (Rs.9300-34800), with Grade Pay of Rs.4600.

(c) The first respondent-Dinesh Singh Dhanik had joined Central Reserve Police Force (CRPF) at the post of Inspector/Hindi Translator on 25th April, 2005 in the pay scale of Rs.6500-10500 revised to Rs.9300-34800 in Pay Band-2 with Grade Pay of Rs.4600 with effect from 1st January, 2006 on implementation of the Sixth Pay Commission.

(d) TRAI by advertisement/notification dated 1st March, 2011 had invited applications for filling up posts of Section Officer (Hindi) on deputation/ foreign service terms in PB-2 (Rs.9300-34800) with Grade Pay of Rs.4600 from officers of Central Government, Public Sector Undertakings and statutory and autonomous bodies;

(i) holding equivalent post on regular basis or

(ii) having six years of regular service in the grade of Assistant in PB-2 (Rs.9300-34800) plus Grade Pay of Rs.4200 or equivalent; and

(iii) those having knowledge of computer and possessing adequate experience of translation from English to Hindi and vice-versa. Preference was to be given to officers having experience of translation in scientific and technical departments. The period of deputation was two years.

(e) The first respondent applied and was appointed as Section Officer (Hindi) on deputation for two years. The application specifically stated that the said respondent was working at the post of Inspector/Hindi Translator on regular basis in the Pay Band of Rs.9300-34800 and Grade Pay of Rs.4600 with effect from 25th April, 2005. The first respondent was interviewed and thereafter selected for the post of Section Officer (Hindi) on deputation basis in PB-2 (Rs.9300-34800) plus Grade Pay of Rs.4600. The first respondent joined and was to remain on deputation for a period of two years.

(f) By office order dated 30th August, 2011, the first respondent was granted deputation (duty) allowance @ 5 % of the basic pay, subject to a maximum of Rs.2000/- per month. This was on account of the fact that the first respondent was drawing the same pay in his parent department, i.e., Grade Pay of Rs.4600 in PB-2.

(g) The first respondent subsequently expressed his willingness for permanent absorption in TRAI. By letter dated 21st May, 2013, TRAI advised the first respondent to tender his resignation in CRPF and that he would be absorbed in TRAI immediately after acceptance of his resignation and release by the parent office. Paragraph 4 of the said letter is relevant and reads as under:-

“4. Shri Dinesh Singh Dhanik may please take note that on absorption his service in TRAI will be governed by TRAI (Officers & Staff Appointment) Regulation 2001 and TRAI (Salary, Allowances and other conditions of services of officers and employees) Rules, 2002, as amended from time to time.”

(h) The first respondent tendered his technical resignation effective from 2nd July, 2013 as per office order issued by CRPF on 19th July, 2013. This order notes that the first respondent had tendered the said technical resignation on permanent