The court upheld the constitutionality of the seven-year limit on spousal deputation, emphasizing equitable opportunity distribution and administrative discretion in policy formulation.

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 allow the deputation of staff members on spouse ground for only 7 years and not beyond, despite situation remaining unchanged.

(ii) For setting aside the Order as contained in Office Order No. Admin (Audit)-VII-1/885685/2025 dated 21/02/2025 passed by the Office of Principal Accountant General (Audit) Jharkhand Ranchi, under the signature of Deputy Accountant General (Admin), whereby and where under the petitioner who is currently on deputation on spouse ground is sought to be repatriated in the light of para 2 of Circular No. 60-Staff (App)-1/14/2023 dt. 27/01/2025.”

2. The brief facts of the case, as per the applicant, are as follows:-

(i) The applicant was appointed as an "Auditor' in the Office of Director General of Audit, Southern Railway, Chennai, Tamil Nadu (hereinafter to be referred as his Parent Office) on 19.10.1995.Thereafter, the applicant was transferred on deputation basis on the Spouse Ground since 17.08.2007 as "Senior Auditor" to the Office of the Principal Accountant General (Audit) Jharkhand, Ranchi, without deputation allowance, which was extended from time to time on written request application of the applicant by the Competent Authority (Annexure 1 Series).

(ii) It is further submitted by applicant that his wife Smt. Madhuri Kujur is an Assistant Teacher in State Government School Mandar, Ranchi, Jharkhand from 22.08.1994 till date. The applicant also has one daughter (minor) who is 11 years old studying in Standard VI in Loreto Convent School at Ranchi (Annexure 2 Series).

(iii) The applicant states that the Cadre Controlling Authority in Indian Audit & Accounts Department, i.e. C.A.G, considering the DOPT OM dt. 30/09/2009 containing instructions regarding posting of husband and wife at the same station, also issued Circular dt. 11/02/2015 allowing posting of Staff member on the place of posting of the spouse. It was specifically mentioned therein that deputation in such cases has been permitted keeping in view the instructions of Govt. of India in the matter of posting of husband and wife at the same station (Annexure- 3 & 4).

(iv) Further, the office of the C.A.G issued Circular dt. 06/08/2021 again reiterating the policy of the C.A.G regarding deputation of staff on spouse ground as given in the earlier Circular dt.11/02/2015 and also showed its anguish upon not considering and rejecting representations of officials of IA & AD on deputation or extension on spouse ground which is leading to disintegration of family as a unit and hardship to officials. Accordingly, the competent authority decided that all such requests should be forwarded to the HQ Office for taking final decision by the competent authority in case the head of the department finds it difficult to consider such request.

(v) The applicant has also referred to the Offi