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NAVIN CHAWLA, SHALINDER KAUR
Sathiyaraj V – Appellant
Versus
Union Of India – Respondent
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
Deputationists do not have an inherent right to absorption unless supported by statutory rules; abolition of posts negates claims for absorption.
A deputationist has no vested right to permanent absorption unless expressly provided by statutory rules or regulations in force.
Refusal to grant NOC - Period of Deputation - Petitioners did not fulfill the eligibility condition for absorption and petitioners had no right to claim absorption.
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....
Deputationists lack inherent rights to absorption in borrowing departments unless supported by statutory provisions, necessitating consent from both parent and borrowing entities.
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 main legal point established in the judgment is that the absorption of deputationists in the CHS was as direct recruits, and their past service in their parent cadre could not be counted for the ....
The court held that past service in a different cadre cannot be counted as qualifying service for promotions in the Central Health Services, emphasizing adherence to the stipulated rules.
The court upheld that without clear statutory provisions allowing absorption, deputationists retain no right to permanent positions, reaffirming previous rulings.
Deputationists do not have any inherent right of absorption in the borrowing department. The discretion to accept or reject a request for absorption will be exclusively with the parent CAPFs or the C....
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