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2025 Supreme(Online)(CAT) 11987

CENTRAL ADMINISTRATIVE TRIBUNAL
NARENDRA KUMAR JOHARI, J, KUMAR RAJESH CHANDRA, A
Adwin Vinifred Tirkey – Appellant
Versus
Union of India through Secretary, Department of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions – Respondent


Advocates:
For the Appellants/Petitioners: Shri Rajiv Sinha, Shri Niraj Kumar, Ms. Shreesha Sinha
For the Respondents: Shri Pravin Kumar Pandey, Shri Rohit Sinha

Table of Content
1. the application of spousal grounds for deputation and its continuity beyond seven years. (Para 2 , 3 , 4)
2. the necessity of policy around equitable distribution of positions within the organization. (Para 10)
3. the court's discretion regarding administrative policies in balancing obligations to employees. (Para 11)

ORDER

Per Kumar Rajesh Chandra, A.M.:-

This OA has been filed by the applicant seeking the following relief:-

“ (i) To declare the Policy of the Comptroller & Auditor General (CAG) as contained in Circular No. 60-Staff (App)-1/14-2023 dt. 27/01/2025 under the signature of Assistant Comptroller & Auditor General (N-1) concerning repatriation of staff members who are continuing on deputation on spouse ground beyond 7 years, as, ultra vires so far it concerns the deputation of staff on spouse ground, as the same is irrational, not achieving any object as also against the Office Memorandum of the Ministry of Personnel, Public Grievances & Pension, Department of Personnel and Training dt. 24.11.2022, which is adopted by Respondents and continue to do so, so that the status of women is enhanced in all walks of life including family life. There is no logic to al

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