HIGH COURT OF TRIPURA AGARTALA WP(C)No.724 of 2024 G/184375 Havildar (General Duty) Anil Kumar 18- Assam Rifles C/o.- 99APO, PIN- 932018.

….Petitioner(s)

Versus

1.The Union of India,Represented by the Secretary, Government of India, Ministry of Home Affairs, New Delhi.

2.The Director General of Assam Rifles, Shillong- 793011, Meghalaya.

3.The Commandant, 18 Assam Rifles, C/o.- 99 APO, PIN - 932018.

….Respondent(s)

For Petitioner(s) : Mr. Dulal Ch. Saha, Advocate.

For Respondent(s) : Mr. B.Majumder, Dy. S.G.I.

Date of hearing and : 18.03.2026 Delivery of Judgment/

Order Yes No.

Whether fit for reporting :

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HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

Judgment and Order (Oral)

Heard Ld. Counsel of both sides.

[2] The petitioner, when working as a Rifleman (GD), went on deputation from his parent Department, Assam Rifles to Subsidiary Intelligence Bureau (for short-Intelligence Bureau), Mumbai for a period from December, 2015 to December, 2018. While he was on such deputation, only after 2 months, a promotion order was issued by Assam Rifles authority vide notification dated 02.02.2016 promoting him to the post of Hav.(GD) w.e.f. 01.02.2016. The Assam Rifles authority also communicated the said fact of promotion of the petitioner to Intelligence Bureau vide their letter dated 01.03.2016 with a request to carry out the promotion of the petitioner w.e.f.

01.02.2016.

[3] On receiving such request, the Intelligence Bureau vide their letter dated 22.03.2016 asked the Assam Rifles authority to send a copy of his promotion order to them for effectuating said promotion and subsequently, said Intelligence Bureau also issued a memorandum dated 28.04.2016 notifying such promotion of the petitioner w.e.f. 01.02.2016 and simultaneously, they also quoted the relevant provision contained in DOP&T OM No.6/B/2009-Estt.(Pay II) dated 17.06.2010 (extracted below), and asked for his written willingness to continue on deputation or otherwise, by virtue of his promotion to the rank of Hav.(GD) and in case of willingness to continue on deputation, he would work as SA/G in Intelligence Bureau (which according to Ld. Counsel of the Respondents is the equivalent rank of Rifleman, GD) till the time he completes his normal/ extended tenure of deputation:

“2. The provision contained in DOP&T OM No.6/B/2009-

Estt.(Pay II) dated 17.06.2010 is as under:

If during the period of deputation, on account of proforma promotion in the parent cadre the official concerned becomes entitled to a higher Pay Scale/Pay Band & Grade Pay in the parent cadre vis-à-vis that of the ex-cadre post, the official shall complete his/her normal/extended tenure of deputation already sanctioned with the approval of the competent authority. The pay shall be regulated as under:

If the Grade pay of the officer in the parent cadre becomes higher than that of the deputation post after getting proforma promotion, he may be allowed the pay in the pay band + Grade Pay of the post to which he is promoted till the time he completes the normal/extended period of deputation (if he gets proforma promotion in the extended period) already sanctioned, if he so opts. No extension in the period of deputation shall be allowed to him after completing the sanctioned period of deputation.

3. The above cited rule position may please be brought to the notice of Shri Anil Kumar. His written willingness to continue on deputation or otherwise by virtue of his promotion to the rank of Hav(GD) may please be sent to us early. In case of willingness to continue on deputation, he will work as SA/G in IB till the time he completes his normal/extended tenure of deputation.”

[4] As it appears from the said communication, the basic intention of the said Intelligence Bureau was to communicate to the petitioner that as per said Office Memorandum dated 17.06.2010 [Annexure-R/12] he would be getting the pay scale of his promotional post but he should have to discharge his duty in the lower grade. Perhaps the Intelligence Bureau was alert