The Tribunal established that a deputed officer retains rights to seniority and benefits upon return without needing fresh promotion processes when promotional rights are legally recognized.

ORDER

Per: Justice Sunil Thomas, Judicial Member –

The applicant herein joined as Inspector under the respondents Nos. 3 and 4 on 3.9.2012. While working as an Inspector in the Central Processing Cell attached to the office of the 3^rd respondent she was appointed as Intelligence Officer in the Directorate of Revenue Intelligence, New Delhi, on deputation by Annexure A1 order dated 29.1.2019 for a period of five years. She joined as the Intelligence Officer under the 5^th respondent on 1.3.2019. While so, by Annexure A2 order of the 4^th respondent, she was promoted to the cadre of Superintendent of Central Tax and Central Excise by order dated 4.12.2023. She accepted her promotion with effect from the forenoon of 5.12.2023 and requested for proforma promotion to enable her to complete the remaining tenure of deputation under the 5^th respondent. This request was forwarded by the 5^th respondent by Annexure A3 communication. The 5^th respondent specifically indicated in Annexure A3 that the request may be considered in terms of paragraph 17.4.1 of DoP&T OM dated 10.4.1989. According to the applicant, 4^th respondent objected to Annexure A3 request with reference to paragraph 14.2 of DoP&T OM dated 27.3.2023. In the light of objection raised by the 4^th respondent, 5^th respondent addressed Annexure A4 communication dated 3.1.2024 specifically pointing out that the case of the applicant was not one covered by paragraph 14.2 of DoP&T OM dated 27.3.2023 and reiterated that it fell under 17.4.1 of DoP&T OM dated 10.4.1989. It was pointed out that the applicant was involved in several sensitive investigations and she may be permitted to continue till the completion of deputation. It was also pointed out that the tenure can be extended for a further period of two years and that the applicant will be reverted to the parent zone within this prescribed time limit of two years.

2. Accordingly, the 4^th respondent issued Annexure A5 order dated 7.2.2024 by which the applicant was granted proforma promotion and permitted her to rejoin the parent zone on or before 29.2.2024.

3. Since the applicant was involved in the investigation of several sensitive cases from the beginning of 2024 and that she had other serious personal issues, 5^th respondent by Annexure A6 communication dated 25.4.2024 requested extension of her deputation or for lending her services on loan basis.

4. According to the applicant, there were few communications between the respondents Nos. 3 and 4 with the 5^th respondent regarding extension of her deputation evidenced by Annexures A7 and A8 which were not within her knowledge at that time. By Annexure A7 it was informed that her term cannot be extended. On the other hand, by Annexure A8 communication of the 5^th respondent addressed to the 3^rd respondent it was specifically reiterated that the applicant was handling several highly sensitive issues and her presence was absolutely essential. Though the applicant was desirous to join the parent cadre at least by 28.2.2025 and tried to complete her entire pending works, she was relieved by Annexure A9 order dated 25.2.2025. According to the applicant, the 5^th respondent stood by the original stand that she would be relieved only on 28.2.2025, as the deputation period will be over only on 28.2.2025 and it was indicated in Annexure A9 that she was relieved on completion of the deputation period.

5. Accordingly, she was relieved from Delhi on 25.2.2025 and the applicant reported before the 3^rd respondent on 27.2.2025 itself. However, she was informed that she has to join the office as Inspector and has to undergo fresh process of promotion to the post of Superintendent. Since joining the office as Inspector after one