The authority over inter-cadre deputation and its duration exclusively resides with the Central Government, and deviations without proper statutory sanction can lead to administrative penalties.

ORDER :

Heard Sri N. Bhujanaga Rao, learned Deputy Solicitor General of India appearing for the petitioners and Sri K. Vivek Reddy, learned Senior Counsel on behalf of Sri G. Bheema Chary for the respondents and perused the record.

2. W.P.No.9758 of 2021, is filed under Article 226 of the Constitution of India, with the following prayer viz.,

the petitioners prays the Hon'ble Court to issue Writ, order or direction, especially one in the nature of Writ of Certiorari, calling for the records relating to order dated 24/1/2020 in O.A.No.372 of 2018 on the file of the Hon'ble Central Administrative Tribunal, Hyderabad Bench, Hyderabad and quash the same by declaring illegal, arbitrary, contrary to law and pass such other order or further orders as deem fit and proper.

3. The present Writ Petition has been filed by the Union of India, represented by its Secretary, Department of Personnel and Training (DoPT) challenging the order dated 24.01.2020 of the Central Administrative Tribunal (hereafter “Tribunal” for brevity) in O.A.No.21/372/2018 (hereafter “O.A” for brevity).

Factual matrix

4. The core facts leading to the filing of the present writ petition are as follows:

i. The respondent No.1 is an All India Services Officer belonging to the Indian Police Service (IPS) borne on the Tamil Nadu cadre.

ii. The respondent No.1 was allowed Inter-Cadre Deputation from the State of Tamil Nadu to erstwhile cadre of Andhra Pradesh State for a period of five (05) years vide Ministry of Home Affairs order No.I-21021/07/2010-IPS.IV dated 21.10.2010.

iii. Respondent No.1 joined the erstwhile cadre of Andhra Pradesh on 14.01.2011. Accordingly, the respondent No.1’s approved period of Inter-Cadre Deputation of five years ended on 13.01.2016.

iv. The respondent No.1 continued to serve in the state of Andhra Pradesh beyond the sanctioned tenure of five years. The over stay of the respondent No.1 was purportedly due to the administrative difficulties and service exigencies faced by the newly bifurcated State of Telangana, which had a deficit of senior All India Service officers.

v. The Ministry of Home Affairs initially brought it to the notice of the Tamil Nadu Government by letter dated 04.05.2016 that the respondent No.1 had not reported to her parent cadre after expiry of the approved period of Inter Cadre Deputation.

vi. The Ministry also directed the State of Telangana by letter dated 28.06.2016 to relieve the respondent No.1 if not already relieved.

vii. The respondent No.1 was finally relieved from Telangana on 20.05.2017.

viii. The Ministry of Home Affairs by Memo dated 17.01.2018 treated the period of over stay of the respondent No.1 i.e., from 14.01.2016 till 19.05.2017 as unauthorized over stay, that “the period of over stay shall not be counted for any increment with cumulative effect”; directing the recovery of excess payment and stating that adverse notice would be taken against her during empanelment.

ix. The respondent No.1 challenged Memo dated 17.01.2018 before the Tribunal by following O.A. The Tribunal allowed the O.A by order dated 24.01.2020 and set aside the Memo dated 17.01.2018 declaring it arbitrary, illegal and contrary to service conditions. The Union of India (Petitioners) filed the present writ petition challenging the said order of the Tribunal.

Submissions of the petitioners

5. Learned Deputy Solicitor General appearing on behalf of the petitioners, advanced the following submissions hereunder:

i. That the service conditions of All India Service officers, including matters relating to inter-cadre deputation, are comprehensively governed by the All-India Services (Cadre) Rules, 1954. In particular, Rule 6(1) vests exclusive authority in the Central Government as the Cadre Controlling Authority to regulate Inter- cadre movement and postings, and no State Government can act contrary thereto.

ii. That Inter-cadre deputation being an exception to the normal rule of service in the parent cadre, any extension beyond the sanctioned period can o