Neethu Lakshmi Moni vs Union Of India

P.G.Ajithkumar, J

The petitioner filed O.A.No.9 of 2024 before the Central Administrative Tribunal, Ernakulam Bench seeking to direct respondent Nos.1 to 3 to extent her inter-cadre deputation for a further period of two years. The Tribunal granted an interim order on 19.01.2024 allowing the petitioner to continue in the Kerala cadre till 28.02.2024. The said order was extended from time to time. Respondent Nos.1 to 3 filed a reply-statement on 10.05.2024 and also M.A.No.393 of 2024 seeking to vacate the said interim order. The Tribunal, after hearing both sides, allowed M.A.No.393 of 2024 and interim order was vacated as per Ext.P14 order dated 23.08.2024. Aggrieved by the said order the petitioner has filed this original petition under the provisions of Article 227 of the Constitution of India.

The petitioner belongs to Indian Forest Service, Uttarakhand Cadre. She was granted inter-cadre deputation to Kerala for a period of three years. She joined Kerala cadre on 27.01.2021. She applied for inter-cadre deputation on personal grounds. The reason was that she has to be in Kerala in order to lookafter her 71 year old mother. She is unmarried and no one else was there to take care of her mother, who is suffering from acute rheumatism and has been undergoing treatment. Period of her inter-cadre deputation was to end on 26.01.2024. She had submitted an application for extension of inter-cadre deputation for a further period of two years. Both State of Kerala and the State of Uttarakhand gave no objection certificates, which are Annexures A3 and A4. Both were submitted sufficiently earlier and within the time stipulated in the guidelines. However, the Government of India did not take a decision on her request yet. The Tribunal, after hearing both sides, held that the petitioner was not entitled to get extension of the period of deputation and accordingly the interim order was vacated as per the impugned order.

Heard the learned counsel for the petitioner, the learned DSGI-in-charge and the learned Senior Government Pleader.

The petitioner was allowed inter-cadre deputation to a period of three years and accordingly she joined Kerala cadre on 27.01.2021. She submitted an application for extension of inter-cadre deputation. Annexures A3 and A4 are the no objection certificates sent by the State Governments of Kerala and Uttarakhand to the Government of India. The grievance of the petitioner is that although there is sufficient reason to extent her period of deputation, no decision was taken by the Government of India yet. It is her contention that if she is driven to go back to Uttarakhand, leaving her age-old mother alone, that will be to the total ruin of her mother's interest. She being unmarried and her only brother is working abroad, there is no one to lookafter the affairs of her mother. Unless she is able to take care of her ailing mother at this advanced age, it would be shirking of her obligation as a daughter. The learned counsel for the petitioner accordingly submit that there is sufficient reason for extension of her period of inter-cadre deputation for two years with effect from 26.01.2024.

The learned counsel for the petitioner would contend that going by the provisions of clauses (c) and (d) of Annexure A5 guidelines the petitioner is entitled to get her inter-cadre deputation extended. Clauses (c) and (d) read as follows:

“(c) Inter-cadre deputations have normally been processed only in cases where individual officers have sought a deputation in view of the personal difficulties. A request for inter-cadre deputation will be entertained only if it is forwarded by the State Government concerned with their consent/No objection along with the request of the officer.

(d) All cases of inter-cadre deputation of All India Services officers will initially be restricted to three years, extendable by two more years, after review.”

As per clause (e) of Annexure A5 guidelines, the total allowable period of inter-cadre deputation in the entire career of an officer is five years. It is submitted that the deputation is allowed in view of the personal difficulties as per clause (c) and when the petitioner is in such a necessity in life, the period of her deputation is liable to be extended. The learned counsel for the petitioner cited several examples as evidenced by Exts.P16 to P26 to contend that so many other persons were given deputation beyond the period of three years by the Government of India.

The learned DSGI-in-charge by pointing out clauses (g) and (h) in Annexure A5 would submit that the officer on deputation should be relieved immediately on completion of the original tenure, without waiting for orders on the application for extension. In this case, no such contingency, however, arose since before expiry of the period of petitioner's inter-cadre deputation, the Tribunal granted interim order allowing the petitioner to continue in Kerala cadre. Since her continuance in Kerala cadre beyond 27.01.2024, the date of expiry of the period of her deputation, has been on the strength of the interim order granted by the Tribunal, her continuance in the Kerala cadre cannot be said to be in violation of Annexure A5 guidelines.

It is pertinent to note that the reason for according permission for initial inter-cadre deputation to the petitioner still exists. In fact, the situation is more worsened since age of the mother of the petitioner is more advanced and her ailments still persists. Since the personal difficulties are the reasons for allowing inter-cadre deputation and also for the extension, in the light of clause (c) in Annexure A5 guidelines, it is for the Government of India to take a decision on the application of the petitioner for extension of inter-cadre deputation. In the circumstances, we find a prima facie case to grant interim order permitting the petitioner to continue in the Kerala cadre till the matter is considered by the Tribunal on its merits in O.A.No.9 of 2024.

The learned DSGI-in-charge submitted that on account of the pendency of the original application before the Tribunal and the order of interim stay, the Government of India could not take a decision on the application of the petitioner for extension. We make it clear that pendency of the O.A. or the interim order are no bar for taking a decision on the application of the petitioner for extension of inter-cadre deputation.

In the aforesaid circumstances, the original petition is allowed. The order of the Tribunal dated 23.08.2024 is set aside. The interim order granted by the Tribunal allowing the petitioner to continue on deputation in the Kerala cadre will continue till the disposal of the O.A.No.9 of 2024.