IMPORTANT POINT
Deputationists do not have an inherent right to absorption unless supported by statutory rules; abolition of posts negates claims for absorption.

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition has been filed by the petitioners praying for a direction to the respondents to place the case of the petitioners before the Board of Officers/Screening Committee for absorption as per the Standard Operating Procedure (in short, ‘SOP’) dated 31.01.2013 issued by the Directorate General, Border Security Force (in short, ‘BSF’), Personnel Directorate.

2. It is the case of the petitioners that by way of the Border Security Force, Combatised Para-Medical Staff Recruitment Rules, 2013, issued on 16.01.2013 (hereinafter referred to as ‘Recruitment Rules, 2013’), it has been prescribed that the post of Laboratory Assistant/Technician (Head Constable), be filled by deputation or absorption from amongst the BSF personnel holding analogous or equivalent posts in the grade of Pay Band-1/Rs. 5200-20200 and Grade Pay Rs.2400/-, or with five years’ regular service in the grade of Pay Band Rs. 5200-20200 and Grade Pay Rs. 2000/- possessing 10+2 with science or its equivalent and either a Certificate of Laboratory Assistant Course granted by an Institution recognized by Central or State Governments or having qualified 06 months Basic Lab Assistant courses conducted in BSF and having minimum two years’ experience as Laboratory Assistant in any BSF Hospital.

3. Similarly, by the Recruitment Rules, 2013 it has been prescribed that the post of Junior X-Ray Assistant (Head Constable) was to be filled by way of deputation or absorption from amongst the BSF personnel holding analogous or equivalent posts in the grade of Pay Band-1/Rs.5200-20200 and Grade Pay Rs. 2400/- or with five years’ regular service in the grade of Pay Band 1/Rs. 5200-20200 and Grade Pay Rs. 2000/- and possessing ‘Diploma/Certificate in Radiography Course not less than one year with sufficient experience’.

4. The petitioners contend that to implement the above Recruitment Rules, 2013 the SOP dated 31.01.2013 was issued by the Ministry of Home Affairs (in short, ‘MHA’) inter alia providing for the procedure of absorption of personnel in the BSF who are on deputation either from some other organization or from within the BSF. The SOP stated that a Board of Officers/Screening Committee was to be convened twice a year in the months of January and July to assess the suitability of the deputationist and recommend their case for absorption as per the eligibility criteria mentioned in the Recruitment Rules, 2013 and on merits. Further, another SOP dated 18.03.2021 was issued for filling up the vacancies/posts of Laboratory Assistant/Technician (Head Constable) and Junior X-Ray Assistant (Head Constable) by deputation or absorption. The said SOP also laid down the detailed selection procedure and the pre-requisites and conditions for absorption.

5. The petitioners contend that by an Order dated 06.12.2021, issued by the Commandant (Medical), BSF, the petitioner no.1 was deputed to the rank of Junior X-Ray Assistant (Head Constable), while the petitioner nos.2 to 5 were deputed to the rank of Laboratory Assistant/Technician (Head Constable).

6. The petitioners preferred representations to the respondent no.2 in the months of May/June, 2024 seeking their absorption to the posts of Junior X-Ray Assistant (Head Constable) and Laboratory Assistant/Technician (Head Constable) respectively. However, the respondents paid no attention to the said representations and failed to place the case of the petitioners before the Board of Officers/Screening Committee, thereby violating the mandate of the SOP dated 31.01.2013, which provides for the Board of Officers/Screening Committee to be convened twice a year, in the months of January and July, to assess the suitability of the deputationist.

7. The petitioners claim that they do not seek absorption but only a consideration of their case. In support, the learned counsel for the petitioners has placed reliance on the judgment of Gauhati High Court in Lal Babu Singh & Anr. v. The Union of India & Ors. Neutral Citation