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2025 Supreme(Online)(CAT) 7153
CENTRAL ADMINISTRATIVE TRIBUNAL
Jayesh Bhairavia, M(J), Hukum Singh Meena, M(A)
Shri Umesh Gadgil – Appellant
Versus
Deputy Comptroller And Auditor General (HR) – Respondent
OA No.392 of 2022
For the Appellants/Petitioners: Ms.K.L.Kalwani
For the Respondents: Ms.Aishwarya Gupta
The court upheld that statutory provisions take precedence over executive instructions regarding employee absorption eligibility.
Headnote:(A) Administrative Tribunal Act, 1985 - Section 19 - Permanent absorption of SAS passed officials awaiting promotion as AAO - Applicant challenged circular restricting absorption to cadre - Found inconsistent with Recruitment Rules dated 17.11.2020 - Court held applicant entitled for absorption as AAO (Civil Accounts) contrary to circular provisions (Paras 8, 9).
(B) Recruitment - Statutory Rules vs. Executive Instructions - Conflict between executive instructions and statutory rules favors statutory provisions (Paras 9, 10).
Facts of the case:
Applicant sought permanent absorption as AAO (Civil Accounts) after passing SAS Examination (Civil Audit). His eligibility was denied based on a circular.
Findings of Court:
The circular's restriction was found to conflict with statutory rules, granting the applicant entitlement to absorption as AAO (Civil Accounts).
Issues: The main issues involved were the validity of the circular prohibiting absorption for SAS (Civil Audit) officials in other streams.
Ratio Decidendi: The court emphasized that statutory rules prevail over executive instructions and granted the relief to the applicant for absorption into the eligible cadre.
Result: OA disposed of with directions for consideration of absorption.
| Table of Content |
|---|
| 1. applicant's eligibility for permanent absorption based on passed examinations. (Para 2) |
| 2. respondents defend eligibility restrictions based on circular regulations. (Para 4) |
| 3. court's examination of compliance with statutory recruitment rules. (Para 6 , 7 , 8) |
| 4. court ruled circular provisions inconsistent with statutory rules. (Para 9) |
ORDER
Per : Hon’ble Dr. Hukum Singh Meena, Member (A)
Being aggrieved by the order dated 20.09.2022 issued in pursuance of Circular vide No.569-Staff (Appt.- III)/155-2022 dated 08.09.2022 by Respondent No.1, wherein, it was directed that Permanent Absorption of SAS passed officials, awaiting Promotion as regular AOO for want of vacancies in their offices, by the deficit office is having vacancies in AAO cadre in same stream, the applicant has filed this OA under Section 19 of the Administrative Tribunal Act , 1985 seeking following relief:-
“A.The Hon’ble Tribunal may be pleased to admit and allow the present application.
B.Hon'ble Tribunal may please be hold, declare and direct that the Applicant is entitled to be Permanently Absorbed as AAO (Civil Accounts) and Respondents be directed by appropriate directions to absorb Applicant Permanently on the post of AAO (Civil Accounts) from the due date as mentioned in Time Line For Permanent Absorption (Annexure III, along with Annexure A/1 herewith) with all consequential benefits.
C. HON'BLE TRIBUNAL may pleased to hold and declare that condition mentioned in Para 4 in Circular / Communication vide No. 569- Staff(Appt.-III)/155-2022 dated 8th September, (08-09-2022) 2022 and Communication dated 20th September, 2022 (20-09- 2022) to the extent inviting Applications from only SAS (Civil Accounts) passed Officials, who are awaiting promotion as regular AAO (Annexure A/1 and A/2) being violative of Recruitment Rules; and thus, are illegal and ineffective and be quashed and set aside.
D.. Any other appropriate Order or Order[s] as may be deemed just and proper be passed.
E. The cost of this O.A. be awarded.“
2. Brief facts of the case are as follows:-
2.1 The applicant was appointed on ‘Temporary‘ post of the Accountant as a probationer in Level-5 in the Pay Matrix in the office of the Principal Accountant General (A&E), Andhra Pradesh and Telangana, Hyderabadvide Provisional Appointment Order No.113;AJ (A&E)/Admn.I/D-II/2016-2017 dated 27.12.2016 and subseqently, he was promoted to the post of Senior Accountant vide Order No.8; Admn.I/U-I/14-27/2020-21 Dtd. 01.06.2020. A Senior Accountant is eligible to be posted for the post of Assistant Accounts Officer i.e., AAO (Civil Account) or Assistant Audit Officer i.e., AAO (Civil Audit) only, if, he passes SAS (subordinate Audit/Accounts Service) Examination. In this reference, respondent authority issued a scheme for online registration of SAS Main Examination, 2019 wherein applicant registered himself for examination and thereafter respondent also issued another circular for suplementary examination on 18.09.2020. The examination was also held in December 2020 and the applicant was passed in Civil Audit branch.
2.2 He further submitted that the respondent No.1 issued a Circular vide communication No.603-Staff (Applicant(s) -I/ 04-2020/ Vol.dtd. 25.03.2021 for appointment of SAS (Civil Audit) examination passed officials, for the post of AAO (Civil Audit) on deputation in Civil Audit Offices. In pursuance to the above Circular, Respondent No.1, Office of the Principal Accountant General (Audit-II), Gujarat vide its communication dated 09.04.2021 invited application for 09 posts from the employees, who had passed SAS examination (Civil Audit) and who were not yet absorbed in any other Civil Audit Offices. The applicant submitted the application for the aforesaid posts in the prescribed format and was selected for appointment for the post of AAO (Civil Audit) on deputation basis in the Office of the Principal A.G. (Audit-II), Gujarat vide its communication dated 03.06.2021. Subsequently, the applic
