Absorption in absence of explicit rules or laws - The core principle emphasized is that in the absence of statutory rules, regulations, or legal authority, absorption or deputation cannot be legally exercised merely through relaxation of existing rules or administrative discretion. The courts have consistently held that such powers must be grounded in law or statutory provisions. For instance, the court noted that in the absence of any source of power, such power of deputation and absorption could not have been exercised by relaxation of the Rules ["2025 0 Supreme(Gau) 1211"].
Relaxation of Rules and its legal validity - While authorities may relax rules in public interest, courts scrutinize whether such relaxation is supported by statutory authority. The judgment highlighted that the force of law is necessary for such actions, and relaxation without lawful backing is unsustainable ["2025 0 Supreme(Gau) 1211"]. Similarly, in cases where absorption was claimed based on relaxed rules, courts found such relaxations to be unsustainable in the eyes of law when not supported by proper legal authority ["2025 0 Supreme(Gau) 1211"].
Absorption based on statutory or regulatory provisions - Courts have reiterated that only statutory rules or regulations that explicitly provide for absorption or deputation confer enforceable rights. For example, unless the claim of the deputationist for permanent absorption in the department is based on any statutory rule, regulation or order having the force of law, a deputationist cannot assert and... such claims ["2024 0 Supreme(Del) 802"]. Absorption schemes or rules must be rooted in law; mere length of service or administrative decisions without statutory backing do not create enforceable rights ["2025 Supreme(Online)(Tel) 65659"], ["2025 0 Supreme(Telangana) 1739"].
Absorption and seniority considerations - When absorption occurs, seniority is generally counted from the date of absorption or from the date of regular appointment in the same or equivalent grade, provided rules explicitly specify so. In the absence of such rules, courts have held that seniority should be determined based on continuous officiation or service, but only if supported by statutory provisions ["2023 Supreme(Online)(AP) 1697"], ["2024 0 Supreme(Gau) 692"]. Arbitrary fixation of seniority without legal basis is invalid.
Absorption and procedural fairness - Cases also highlight that absorption or regularization should follow prescribed procedures and rules. For instance, despite having knowledge about the same, the petitioner did not make any protest against the memo... and now questioning the same, which is not tenable in law ["2023 Supreme(Online)(AP) 31369"]. Any deviation from established procedures renders such actions legally questionable.
Conclusion - The overarching insight is that absorption in public service, especially in the absence of specific statutory rules, cannot be justified solely by administrative relaxation or length of service. Courts emphasize adherence to law, statutory provisions, and proper procedures. Absorption should be based on clear legal authority, and arbitrary or rule-relaxation measures lacking statutory backing are liable to be declared invalid.
References:- ["2025 0 Supreme(Gau) 1211"]- ["2024 0 Supreme(Del) 802"]- ["2025 Supreme(Online)(Tel) 65659"]- ["2025 0 Supreme(Telangana) 1739"]- ["2023 Supreme(Online)(AP) 1697"]- ["2024 0 Supreme(Gau) 692"]- ["2023 Supreme(Online)(AP) 31369"]