No indefeasible right to absorption in deputation office for officer on personal request deputation across distinct cadres; Child Care Leave extension subject to service needs; headquarters posting orders enforceable despite withdrawals.

ORDER By Dr. Chhabilendra Roul, Member (A)

Present OA has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:

“(i) to quash and set aside the impugned orders dated 16.10.2024 rejecting the application of the extension of Child Care Leave.

(ii) to quash and set aside order 16.5.2024 ordering premature repatriation of the applicant.

(iii) to consider the applicant for absorption in the office of DG (I&A) at Delhi as per RRs which allow the posts to be filled through absorption.

(iv) to direct the respondent to extend the same benefits of absorption on "as is where is basis' as per the decision of CAG vide circular dated 29.12.2023 to the applicant as being granted to AAOs on deputation awaiting promotion.

(v) Pass such further order(s) as this Hon’ble Tribunal may deem fit and proper in the facts and circumstances of the case.”

2. Factual Matrix

2.1 The applicant joined as an Auditor in the office of Principal Accountant General (Audit-1), M.P. (Gwalior). She cleared her SAS Examination in August, 2019. Accordingly, she was promoted as Assistant Audit Officer (AAO) on ad hoc basis on 08.09.2020. Thereafter, she proceeded on deputation from the office of Respondent No.3 at Gwalior to the office of The initial deputation period was till 25.03.2022, which was extended on yearly basis and the last extension was granted upto 25.03.2025.

2.2 In the meanwhile, the applicant proceeded on Maternity Leave from 14.08.2023 to 13.02.2024. Thereafter, she sought HPL w.e.f. 14.02.2024 to 25.04.2024. After completion of HPL, she applied for Child Care Leave (CCL). The application for CCL was initially sanctioned for the period from 30.04.2024 till 30.10.2024. She sought an extension of CCL for eight months by a representation dated 24.09.2024, which has been denied by the respondents by impugned order dated 16.08.2024. By order dated 16.10.2024, not only the CCL has been rejected but also she was relieved and directed to join the parent office at Gwalior by curtailing her deputation period. Being aggrieved, the applicant filed the present OA seeking aforementioned relief.

2.3 Notices were issued to the respondents and they have filed their counter reply. Applicant chose not to file rejoinder. 2.4 After completion of the pleadings, the OA was heard on 23.07.2025 and this Tribunal vide order dated 13.08.2025 passed the following order:

9.1 In view of the above analysis, we grant partial relief to the present applicant in the following manner:

(i) The Order dated 16.05.2024 by Respondent No.2 ordering premature repatriation of the present applicant to office of Respondent No.3 is quashed.

(ii) The Respondent No.1 shall pass a reasoned and speaking order regarding issue nos.(ii) and (iii) under paragraph No.8.1 above, within a period of 4 weeks from receipt of certified copy of this order and such speaking order shall be conveyed to Respondent Nos.2 and 3 within

7 days of passing of such order .

(iii) Respondent No.2 shall pass appropriate speaking order regarding absorption of the present applicant in their office within 15 days after passing of the speaking order by Respondent No.1.

(iv) The applicant is at liberty to challenge both the speaking orders by Respondent No.1 and Respondent no.3 by approaching the appropriate forum as per law.

(v) The respondent no.2 shall not repatriate the present applicant till ex