CBI deputees can only claim seniority from absorption date: SC

Under the rules,police officers working in various states are sent on deputation for a certain period to the CBI and can revert back to the parent department. The rules also provide for absorption of the deputationists in the CBI through mutual consent.

In the instant case,Singh,a sub-inspector belonging to the UP state police service,was sent to the CBI on a deputation from May 12,1966. He continued in the CBI and was granted “ad hoc” promotion as Dy.SP (Deputy Superintendent of Police) on November 24,1977.

On his request,he was absorbed in the CBI with effect from June 29,1987 which was also reckoned as the date for the purpose of calculating his seniority as Dy.SP as also for his future promotions.

Singh was however,aggrieved and claimed that his seniority should be counted from November 24,1977 when he was accorded the status of DSP on “ad hoc” basis and not June 29,1987 when he was absorbed in the CBI.

The Central Administrative Tribunal (CAT) dismissed his plea,but the Delhi High Court ruled in his favour,following which the CBI appealed in the apex court.

Upholding the CBI’s plea,the apex court said Singh was never a DSP in his parent department in 1977 and,hence,his seniority in the said grade has to be counted from June 29,1987 when he was absorbed,even though he might have been accorded a DSP rank on an ad hoc basis from November 24,1977.

Interpreting the rules the apex court observed,” As a matter of fact,the plain reading of sub-para (iv) which has been added to earlier O.M. dated December 22,1959 vide O.M.

dated May 29,1986 (Department of Personnel and Training) would show that it provides that a deputationist whose services are absorbed later would get his seniority in the grade in which he is absorbed normally from the date of his absorption.” However,in the case a person who has already been holding the same or equivalent grade in his parent department on regular basis,his seniority shall be counted from the date he was holding same or equivalent grade in his parent department,the apex court said.

“Insofar as the present case is concerned,admittedly,respondent (Singh) did not hold the rank of Dy.S.P. or the equivalent post in his parent department on the date of his appointment as Dy. SP on ad-hoc basis in 1977 or at the time of his absorption in 1987.

“And,therefore,his seniority in Dy.S.P. can only be counted from the date of his absorption,i.e.,June 29,1987,” the apex court observed,while upholding the CBI’s appeal.