Central Administrative Tribunal Principal Bench, New Delhi M.A.No.1241/2025 IN O.A. No.336/2025 Reserved on:27.11.2025 Pronounced on:17.12.2025 Hon’ble Ms. Harvinder Kaur Oberoi, Member (J)

Hon’ble Mr.Sanjeeva Kumar, Member (A)

Tanmoy Majumder (Age:44 years)

S/o Shri Tapas Kumar Majumder R/o H.NO.BS-21, B Building, 2^nd Floor, Goa Housing Board, Income Tax Quarters, Durgawadi, Taleigao, PO:Carenzalem, Panaji, Goa-403002. …Applicant.

(By Advocate: Mr.Ravi Kumar)

Versus

1. Union of India, Through the Secretary, Ministry of Home Affairs, North Block, New Delhi-110001.

2. The Director, Intelligence Bureau (MHA)

35, Sardar Patel Marg, Bapu Dham, Chanakya Puri, New Delhi-110021.

3. Union of India, Through the Secretary, Min. of Personnel, Public Grievances and Pensions, North Block, New Delhi-110001.

4. The Director Department of Personnel, Public Grievances and Pensions, North Block, New Delhi-110001. …Respondents (By Advocate: Mr.Awanish Kumar)

O R D E R Hon’ble Mr. Sanjeeva Kumar, Member (A):

By way of this OA filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has sought the following relief(s):-

“(a) To quash the Memorandum dated 25.01.2024, attached as Annexure A1 (Impugned Order), issued by Respondent No.2, whereby the candidature of applicant for the post of Assistant Central Intelligence Officer, Grade-II/Executive (ACIO-II/Exe) in Intelligence Bureau (IB)

on the basis of Examination-2020, has been cancelled.

(b) To quash the arbitrary provision contained in para 2, of Office Memorandum dated 02.05.1985, attached as Annexure A 2 (Impugned Order), as amended from time to time, issued by Respondent No.3 & 4, to the extent that “Once an Ex-serviceman has joined the Government job on civil side after availing of the benefits given to him as an Ex-serviceman for his re-employment, his ex- serviceman status for the purpose of Re-employment in Government ceases”.

(c) To direct the Respondent No.2, to place on record the details that how many vacancies against Ex-serviceman quota has been filled and how many vacancies were left unfilled for the post of ACIO-II/Exe in Intelligence Bureau (IB) on the basis of Examination-2020.

(d) To direct the Respondent No.2, to issue appointment letter/offer to the applicant for the post of Assistant Central Intelligence Officer, Grade- II/Executive (ACIO-II/Exe) Examination-2020, in Intelligence Bureau (IB) on the basis of the facts that the applicant has passed/qualified all the required examination for the said post.

(e) To direct the Respondent No.1 & 2, to appoint the applicant with seniority at par to the candidates appointed to the post of Assistant Central Intelligence Officer, Grade-II/Executive (ACIO-II/Exe) Examination-2020, with all consequential benefits with respect to increments and promotions etc.

(f) To pass any other order or direction in favour of Applicant which this Hon’ble CAT(PB) deemed just and proper under the facts and circumstances of this case in the interest of justice.”

2. Brief facts of the case are that the applicant was enrolled in Indian air Force (IAF) as an Airman on 05.08.1999, and after completion of 20 years of service, discharged from service on 31.08.2019. The applicant, in view of the rules/laws applicable in this behalf got the status of Ex-Serviceman and accordingly he is entitled for all the benefits attached to his status as an Ex-Serviceman. The applicant, after discharge from IAF, joined as Security Assistant/Executive (SA/Exe) in Intelligence Bureau, Ministry of Home Affairs on 28.08.2020, in Pay level 3 of the Pay Matrix. The applicant has been issued with an offer of appointment vide Memorandum dated 10.08.2020, for the said post. In the said Memorandum, it is specifically stated that the applicant was appointed against Unreserved Category (Qualifying Category: UR). Para 2 of the said Memorandum, it is also mentioned that the appointment is temporary and may be terminated at any time by the appointing authority.

3. It is submitted that the