Deputation to absorption
kailash
(Querist) 03 August 2015
This query is : Resolved
As I already asked reply of this quiry through lawyersclubindia but it is unfortunately that nobody reply my quiry. One again i asked the same.
One Assistant Secretary was selected in CBSE against the post of Deputation(Actually the method is promotion failing which on deputation) there are 05 post of AS are vacant and no person is eligible for promotion as per RR so that the same was publish through Deputation. Out of 05 posts 03 persons are selected for the post of AS on deputation but only one person join the duty of AS on deputation. Now more than one year completed and the person is requested to absorb him as Assistant Secretary in CBSE.
For the post of AS as per RR 50% as Direct and 50% on promotion(failing which by deputation). There is no method in RR to absorb a person.
(I) Can we absorb the person who is on deputation without changes of RR
(II) Can we absorb the person after changing in the RR i.e. Direct/Promotion/Deputation/Absorption.
The Organisation wants to absorb this person before amended the RR can it is possible.
Please clarify.
Thanks
Guest
(Expert) 03 August 2015
No bar... .
kailash
(Querist) 03 August 2015
Sir i could not understand meaning of No bar.
I go through the RR of Assistant Secretary and seen that the method is through deputation/transfer for which the post of Assistant Secretary was filled but as per advertisement the department shown only deputation. Can the incumbent will absorb or not
Guest
(Expert) 03 August 2015
Yes, can be absorbed, if no eligible candidate is available in the heirarchy of promotion.
Rajendra K Goyal
(Expert) 03 August 2015
Most humbly and respectfully differ with the expert Sh, PS Dhingra ji, as understood from the query, rules does not exist to absorb person on deputation hence can not be absorbed.
I would be thankful if any misunderstanding / mistake from me is corrected.
Guest
(Expert) 03 August 2015
Rajendra ji,
As per description by the author, "the method is promotion failing which on deputation." Deputation cannot prolong for indefinite period. The official should either be absorbed after some fixed period, or repatriated to his parent department after one year, or extension of deputation be sought from his parent department subject to the consent of the employee. In the parent department, the lien of the employee can not be retained for more than two years.
Moreover, unless specifically prohibited by the RRs, the absorption has to be made as per the provisions of the statutory rules on deputation, as prescribed by the Government of India/ State.
kailash
(Querist) 04 August 2015
Thanks Sir, I satisfy from your reply.
Sir one more thing is there that the department has use DEPUTATION word in the advertisement at the time of publish the vacancies in the newspaper/website.
Now the executive board of the Department says that if there is a method of Deputation/Transfer(Transfer on Deputation with provision of absorption)in the Recruitment rules then why department shown only DEPUTATION in the advertisement. If the department shows Deputation/Transfer (Deputation with provision of absorption) then may be more peoples applied for the post.
So against the word of DEPUTATION incumbent could not be absorb.
Please clarify
Guest
(Expert) 04 August 2015
Mr. Kailash,
Implication of Rules have to be seen in totality of the concerned rules on the issue.
Also, there is a big difference in some one saying verbally or replying formally in black & white in response to your representation by including the said statement.
So, there is no use in asking such hypothetical query without reproducing the reply for appropriate guidance. Otherwise, if verbal, you can also counter their reply by asking to show if there is any specification in RR's not to absorb any deputationist.
kailash
(Querist) 05 August 2015
THANK YOU VERY MUCH SIR
FOR CLEARING MY QUIRY
Guest
(Expert) 05 August 2015
You are welcome.
