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2025 Supreme(Online)(CAT) 7154
CENTRAL ADMINISTRATIVE TRIBUNAL
Dr. Hukum Singh Meena, A
Shri Rameshkumar – Appellant
Versus
Deputy Comptroller And Auditor General (HR), Office of the CAG of India – Respondent
OA No.484 of 2022
For the Appellants/Petitioners: Ms.K.L.Kalwani
For the Respondents: Ms.Aishwarya Gupta
The court established that recruitment rules prevail over executive instructions, allowing SAS passed officials to absorb in both Civil Audit and Civil Accounts, contrary to a restrictive circular.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Recruitment Rules dated 17.11.2020 - Permanent Absorption of SAS passed officials - Applicant sought permanent absorption as AAO (Civil Accounts) but was denied based on restrictive Circular No.569-Staff(Appt.-III)/155-2022 - Court found the Circular in conflict with Recruitment Rules, which allowed SAS passed officials to absorb in both Civil Audit and Civil Accounts, thereby quashing the restrictive condition. (Paras 8, 9, 10, 11)
Facts of the case:
The applicant, appointed as Data Entry Operator, passed SAS Examination in 2021 and applied for permanent absorption as AAO (Civil Accounts). He contended that the condition in the Circular restricting absorption to specific streams violated Recruitment Rules.
Findings of Court:
The court held that the condition in the Circular was in direct conflict with the Recruitment Rules, affirming the applicant's eligibility for absorption as AAO (Civil Accounts).
Issues: Whether the condition in the Circular restricting absorption to specific SAS passed officials was lawful under the Recruitment Rules.
Ratio Decidendi: The court ruled that statutory provisions take precedence over executive instructions, thus the applicant is eligible for absorption as per the Recruitment Rules.
Result: The application for absorption is to be considered by the respondents, and the conflicting condition in the Circular is quashed.
| Table of Content |
|---|
| 1. eligibility for permanent absorption as aao (Para 2) |
| 2. arguments regarding recruitment rules and circulars (Para 3 , 4 , 5) |
| 3. court's analysis of recruitment rules and scheme (Para 6 , 7 , 8) |
| 4. directions for consideration of application (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, whereby it was directed that Permanent Absorption of SAS passed officials, awaiting Promotion as regular AAO 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 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. HON'BLE TRIBUNAL may be pleased to hold and declare that Applicant is entitled to be absorbed as AAO as applied by him in the office of Respondent No. 3 as well as in the office of Principal Accountant General (A&E) I Gwalior, Madhya Pradesh, in view of the communication/circular dated 16th September, 2022 (16.09.2022) issued by Principal Accountant General (A&E) I Gwalior.
E. any other appropriate Order or Order[s] as may be deemed just and proper be passed.
F. The Cost of this OA ne awarded.“
2. Brief facts of the case are as follows:-
2.1 The applicant was appointed for the post of Data Entry Operator (DEO) Grade ‘A‘ in Level-4 in the pay scale of Rs.25,500-81,100/- plus allowances in the office of Accountant General (A&E) II Maharashtra Nagpur Vide Appointment Order No.HRM I /Bharti/DEO Grade A/205/815-B dated 13.03.2018. He was appointed on probation for two years with a pay scale of Rs.25,500-in Level-4 with GP of Rs.2400/- vide Office Order No.HRM II /A&E/DEO dated 10.04.2018 (Annexures-A/4 & A/5 respectively). He had submitted that in order to be eligble for the post of Assistant Accountants Officer i.e., AAO (Civil Account) or Assistant Audit Officer i.e. AAO (Civil Audit) one is required to pass SAS (Subordinate Audit/Accounts Service) Examination.
2.2 Respondent No.1 issued a Circular No.10 of 2020 No.370/04-Exam/MSO Chapter 9-Revision/2020 dated 15.10.2020 renaming the main and supplementary SAS examination as Exaination-1 and Examiantion-2. Subsequently, respondents issued a Circular / Communication No.253 / 03-Exam / Examination- 1/2021 dated 23.07.2021 and No.SAS/RA/I/CPD-1, II & III examinations in Examination 1 of 2021 dated 28.07.2021. In compliance of the above Circular, the applicant registered himself for the same examination. Subsequently, the examination was rescheduled and was held from 18.08.2021 to 26.08.2021(Annexures A/6 A/7 & A/8 respectively). The applicant appeared in the examination and successfully passed SAS Examination in 2021, wherein the result was declared vide communication No.363/03-Exam/Examination-1/2021 dated 29.11.2021 (Annexure-A/9). After qualifying in the said examination, the applicant was eligible to be absorbed
