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2024 Supreme(Online)(CAT) 1200

CENTRAL ADMINISTRATIVE TRIBUNAL

HYDERABAD BENCH

CP/021/0044/2023 in OA/215/2016

HYDERABAD, this the 29th day of February, 2024

Hon’ble Dr. Lata Baswaraj Patne, Judicial Member

Hon’ble Ms. Shalini Misra, Administrative Member

Mr. Ratnaker Jauhari, IFS.

S/O Late Sri KS Jauhari, Aged about 53 years,

Additional Principal Chief Conservator of Forests,

Working as Dy Director General (Research),

Indian Council of Forestry Research & Education,

Dehradun (On Central Deputation),

Ministry of Environment, Forest& Climate Change,

Government of India.

... Petitioner.

(By Advocate: Mr. K Sudhaker Reddy)

Vs.

1.

Mrs. A. Shanti Kumari IAS Chief Secretary,

Secretariat Government of Telangana Hyderabad.

2.

Union of India,

Rep by its Secretary,

Govt of India Ministry of Personnel, PG & Pensions, (DoPT)

3RD Block, Loknayak Bhavan, Khan Market, New Delhi.

3.

Union of India,

Ministry of Environment,

Forest& Climate Change Represented by its Secretary,

Govt of India, New Delhi.

4.

State of Andhra Pradesh,

Represented by its Chief Secretary

General Administration Department, Amaravati, AP.

... Respondents

(By Advocate: Mrs. E Kavitha, SC for AGP (TS))

----

ORDER

(As per Hon’ble Dr. Lata Baswaraj Patne, Judicial Member) Heard applicant in Person and the learned counsel for the respondents at length.

2. The applicant appearing in person has submitted that though the Government of India, vide their letter dated 26.07.2023, issued allotment of Telangana Cadre to Dr. Ratnaker Jauhari, IFS(94), as directed by the CAT, Hyderabad Bench and the letter dated 26.07.2023 reads as under:

    “2. It is stated that the matter has been examined in the Ministry, Dr.
    Ratnaker Jauhari, IFS (1994) shall henceforth be treated as an IFS officer belonging to the cadre of State of Telangana for all purposes.
    Accordingly, the State Government of Telangana shall issue necessary orders in compliance with the said direction of Tribunal.”
    Again, a query has been raised by the State of Telangana on 18.08.2023 and in reply to that, the Government of India, vide letter dated 06.09.2023 reiterated their earlier communication dated 26.07.2023 and informed the State of Telangana that the petitioner, Dr. Ratnaker Jauhari, IFS (1994), shall henceforth be treated as an IFS officer belonging to the cadre of State of Telangana for all purposes and accordingly the State Government of Telangana shall issue necessary orders in compliance with the said direction of the Tribunal. The applicant further submitted that though the direction has been given by the Government of India and allotted the cadre so far, the State of Telangana is not ready to consider or issue any communication to that effect. Therefore, the applicant has made a request vide its letter dated 27.02.2024 and requested the Chief Secretary, General Administration Department, Telangana, that in compliance with the Hon’ble CAT orders, he may be treated as an IFS officer of the Telangana Cadre and may be taken on the strength of the Telangana cadre and Govt.
    order may be issued accordingly, as well as on his completion of deputation period, which is going to be completed on 23.04.2024, he is going to report and join his duties in Telangana. However, till date, Govt. of Telangana has not issued any communication to that effect.

3. The learned counsel for the respondents submitted that as per the instructions received from the Department, they have communicated in writing dated 22.11.2023 that though the Government of India, vide their earlier communications dated 26.07.2023 & 06.09.2023 informed that the applicant shall henceforth be treated as an IFS Officer belonging to the cadre of Telangana for all purposes and the State Government of Telangana shall issue necessary orders in compliance with the said direction of the Tribunal, however, the Ministry of Environment, Forests and Climate Change, Government of India, has not issued any notification for the cadre allotment of the applicant to the cadre of Telangana, as required under the provisions of the AP Re-organization Act, 2014, read with Rule 5 of the IFS (Cadre) Rules, 1966 and the MoS, i.e., the applicant is still working on the Central Deputation, as Deputy Director General (Research), ICFRE, Dehradun, till date. The applicant has apprehension that upon completion of his deputation period, the State of Telangana will not give him a posting since they have not made any correspondence and once the cadre controlling authority has allotted the cadre to the State of Telangana, there is no need for such a notification.

4. It is to be noted that this Tribunal issued the direction vide order dated 16.03.2022 in OA/215/2016, thereby the Andhra Pradesh Government has relieved the applicant and accordingly, the Government of India, which is the cadre controlling authority, issued the communication allotting the cadre of Telangana to the applicant. We do not find any substance. However, upon completion of his deputation, if there are any grievances remaining or the Telangana Government is not acting as per our order and the order issued by the Go

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