CENTRAL ADMINISTRATIVE TRIBUNAL CORAM:

Reserved on 09.01.2026 Pronounced on 12.01 .2026 THE HON’BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)

THE HON’BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)

Sidhartha Kumar Panda, aged about 58 years, Son of Girish Chandra Panda, Plot No. 760/761, Jharpara, Bhubaneswar, Khurda, at present working as Dist: Account Assistant, Debts Recovery Tribunal, C-71, Sector-7, CDA, Cuttack-753014.

……Applicant VERSUS

1. Union of India, represented through Finance Secretary (DFS), Government of India, Ministry of Finance, 64, 3rd floor, Jeevan Deep Building, Parliament Street, New Delhi-

110001.

2. Director, Ministry of Finance, Department of Economic Affairs, (Banking Division), Jeevan Deep, Parliament Street, New Delhi-110001.

3. The Registrar, Government of India, Ministry of Finance, Debts Recovery Appellate Tribunal, 9, Old Post Office, 7th floor Kolkata-

700001.

4. Presiding Officer, Debts Recovery Tribunal, C-

71, Sector-7, CDA, Cuttack-753014.

5. Registrar, Debts Recovery Tribunal, C-71, Sector-7, CDA, Cuttack-753014.

RAVI KUMAR ……Respondents For the applicant : Mr. S.B.Jena, Counsel For the respondentOs R : MDs . RE. L .RBi swal, Counsel PRAMOD KUMAR DAS, MEMBER (A):

The facts depicted from records are that the applicant while continuing as Account Assistant in Konark Television Ltd., a Public Sector Undertaking Enterprise (PSU) of Govt. of Odisha, joined the DRT, Cuttack on 15.01.2001, on deputation basis, as Accounts Assistant, after being selected through a notification issued by the Ministry of Finance, New Delhi inviting application for deputation. But, soon thereafter, he had to take voluntary retirement from his parent department because of certain terms and conditions set for him by the Govt. of Odisha through his employer, as a result, applicant was without a lien in the post he held in Konark Television Ltd. The period of his deputation in DRT, Cuttack was extended from time to time and, while continuing as such, Recruitment Rules known as Group-A and B (Gazetted) and Group-B (Non-Gazetted) came into effect w.e.f. 15.11.2001 in GSR 639. In letter dated 19.09.2002, the applicant exercised his option for absorption in the deputed post of Accounts Assistant in terms of Rules 5 and 7 of RR, 2001. The request of the applicant was considered but the same was not acceded to since he did not fulfill the conditions stipulated under the RRs, 2001. Being aggrieved, the applicant approached this Bench in OA No. 05/2004. This Bench disposed of the said OA on

28.05.2“0F0ro4m d iar erecatidningg a osf uRnudlee r5: of the Recruitment Rules, it is found that all persons holding the posts like Secretary/Registrar, Recovery Officer, Private Secretary, Section Officer, Stenographer Grade C and Assistant Recovery Inspector sill be deemed to have been appointed as such under these Rules. These are the post-holders who were directly recruited from open market and therefore, they have been taken in at the initial constitution stage. However, there could be some other post-holders also who might have been taken either on deputation basis or there could be some who might not be holding any post outside the Department and if such persons exist in the Tribunal, the rule makers have taken care of this situation by enacting Rule 7. By this it has been ensured that all persons other than those mentioned in Rule 5 who were also working in the Debts Recovery Tribunal, Cuttack at the time of commencement of these Rules, should also be taken into the fold, provided they are found fit for the purpose. It is true that the applicant's case does not come within the ambit of Rule 5, but his case comes within the ambit of Rule 7 because he was available on the date of commencement of these Rules holding a post in the Debts Recovery Tribunal, Cuttack, for consideration. Because at that point of time he was not having any lien to any other post, i.e. he is not on deputation, if he is found fit he can be inducted in service only by way of regularization.