CAT Order

CENTRAL ADMINISTRATIVE TRIBUNAL
61/35, COPERNICUS MARG,NEW DELHI-110001
Order Sheet
Item no.: 53
M.A./4565/2023 (DELHI)
[ VACATION OF STAY ORDER ]
In
O.A./3644/2023
ABSORPTION
Court No.: 2
No of Adjournment:
Order Dated: 19/12/2023

CAG
Vs
AJEET YADAV
For Applicant(s) Advocate : Dr. S.S.Hooda
For Respondent(s) Advocate : Mr.Amit Anand
Order of The Tribunal
MA No. 4565/2023
Present MA has been filed on behalf of the respondents in the captioned

OA praying for the following reliefs:-
“a) Allow the present Application and permit the Respondents

to repatriate the Applicants; and
(b) Allow the Respondents to fill up the posts of AAO in

Office of Respondent No. 2 by way of direct recruitment; and
(c) Pass any other or further order/s as this Hon'ble Tribunal

may deem fit and proper in the facts and circumstances of the
case.”
2. Learned counsel for applicants in the MA (respondents in the
OA) submits that pursuant to the selection made through Combined
Graduate Level Examination 2021 (CGLE 2021) in the Audit and
Accounts Department (A&AD), various persons have been selected and
they are waiting to join the services of the respondents. However, in
view of the interim order passed by this Tribunal on 23.11.2023, the
respondents are restrained from filling up the posts of Asst. Audit
Officer/Assistant Accounts Officer (AAO) by those selected persons
pursuant to the selection process impugned in the captioned OA. The
same is not only causing administrative hardships to the respondents but
also depriving the persons duly selected for such posts. In this
background, he submits that it would be just appropriate that the interim
order passed on 23.11.2023 may be vacated and/or suitably modified.
3. Issue notice. Mr. Amit Anand, learned counsel for applicants in
the OA accepts notice. He submits that the reply to the present MA is
ready, however, for paucity of time, the same could not be filed with the
Registry. At his request, a copy of the said reply is taken on record. He
has also supplied a copy thereof to learned counsel for the respondents in
OA in the Court itself.
4. Learned counsel for applicants in the MA submits that the
applicants in the present OA are 6 in number, are working on the posts of
AAO on deputation basis. Their claim is that in accordance with the
relevant Recruitment Rules, the posts in question are required to be
considered for being filled first by deputation/absorption and only
thereafter in case respondents fail to fill up the posts, the respondents are
entitled to go for selection through direct recruitment. He, under
instructions, submits that the selection has been initiated and completed
by the respondents to fill up the posts of AAO by way of direct
recruitment, keeping in view of the policy decision of the respondents and
the legality of such policy decision holds the field. He further submits
that through CGLE 2021, 335 candidates have been selected and they
have been allocated in various locations. With regard to the CGLE 2022,
2294 candidates have been selected and are waiting for joining and
posting at various locations throughout the Country. He submits that by
way of the interim order, filling up of such huge number of posts by
direct recruitment has been stopped. Under instructions, he further
submits that every SAS passed candidate under CAG is being offered
deputation-cum-absorption in accordance with rules, if one is otherwise
fit and one vacancy for every SAS passed candidate has been kept
reserved and if such SAS passed candidates working under the
respondents are absorbed under the respondents keeping in view their
eligibility and suitability for the posts, their seniority shall be decided on
the basis of relevant Rules and the instructions on the subject. He presses
that the interim order dated 23.11.2023 passed by this Tribunal may be
vacated/modified accordingly so that the respondents are in a position to
appoint the selected candidates through CGLE 2021 and CGLE 2022.
5. On the other hand, Mr. Amit Anand, learned counsel for the
applicants by referring to the order dated 23.11.2023 itself submits that
the Tribunal has categorically recorded in the said order that the prima
facie selection process for the post of AAO through direct recruitment as
resorted by the respondents is contrary to the Recruitment Rules and in an
identical OA, the Guwahati Bench of the Tribunal has passed the interim
order dated 10.11.2023. He submits that such application seeking
vacation/modification of the order has been moved by the respondents
before Guwahati Bench also, however, the Guwahati Bench of this
Tribunal has not modified or vacated their order dated 10.11.2023 and
now that OA has been posted for 05.01.2024. Accordingly, this Tribunal
may not modify or vacate the order dated 23.11.2023. Though, a copy of
the order of Guwahati Bench of the Tribunal refusing vacation of the
interim order passed by them has not been placed on record by either of
the counsels, however, Mr. Hooda, learned counsel for respondents
submits that Guwahati Bench has observed that an identical matter is
pending before the Principal Bench and scheduled for hearing today i.e.
on 19.12.2024. He also states that interim order dated 10.11.2023 is not a
binding precedence. What transpired before the Guwahati Bench and
what was placed before the Guwahati Bench is not here. However, the
facts in the present case and difficulty being faced by the respondents had
been brought by way of the present MA before this Bench of the Tribunal
and this Bench accordingly may modify /vacate the interim order dated
23.11.2023.
6. In rejoinder, Mr. Amit Anand, learned counsel for the applicants
in OA has referred to various judgments enclosed with the reply filed on
behalf of the applicants in the OA submits that once there is prima facie
finding of this Tribunal that the respondent’s impugned action is contrary
to the RRs framed under Article 309 of the Constitution, such action is
illegal in the eyes of law and such illegality should not be allowed to be
perpetuated.
7. We have considered the submission made by learned counsels
for the parties. We have also gone through the relevant pleadings
available on record.
8. We are of the considered view that while passing the interim
order and/or modifying the same, we are required to consider as to
whether if appropriate protection is not granted, whether the parties are
likely to suffer irreversible hardships and/or loss or not which may
become difficult even for this Tribunal to compensate in terms of money
or otherwise. Keeping in view the statement made by the learned counsel
for the respondents in OA and precisely recorded hereinabove, we are of
the considered view that in the present case, if the applicants ultimately
succeed, they may be absorbed to the posts of AAO and their seniority
can be decided in accordance with the relevant rules and instructions on
the subject.
9. Learned counsel for respondents further clarified that keeping in
view the eligibility and suitability of the applicants, their claim for
absorption may be considered even during pendency of the OA. The
respondents shall consider and dispose of the representation(s) of the
applicants in this regard in the meanwhile.
10. In the facts and circumstance as above and particularly the
statement made on behalf of respondents through their learned counsel
and precisely recorded hereinabove, the interim order dated 23.11.2023 is
modified and it is ordered as under:-
i. The respondents shall be at liberty to go ahead with the appointment

of the selected candidates pursuant to the CGLE 2021 and CGLE
2022.
ii. The respondents shall keep the post(s) of AAO available for the
applicants herein and they shall consider the applicants’ claim for
their absorption, in accordance with the relevant rules and
instructions on the subject, as expeditiously as possible and
preferably within six weeks from today by passing appropriate
order(s) in this regard.
iii. On consideration, if the applicants are absorbed as AAO under the
respondents, the respondents shall consider grant of seniority in the
post of AAO, keeping in view the relevant rules and instructions on
the subject.
iv. They are further directed to keep the 6 posts of AAO vacant and
during the pendency of the OA, the appliants shall not be repatriated.
11. The MA No. 4498/2023 stands disposed of in the above terms.
12. Learned counsel for respondents in the OA seeks and is allowed
eight weeks’ time to file reply. Rejoinder, if any, may be filed within
four weeks thereafter.
13. List on 16.03.2024. Any other date given in the matter shall
stand cancelled.
Chhabilendra Roul R. N. Singh

Member (A) Member (J)
/daya/

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CENTRAL ADMINISTRATIVE TRIBUNAL

61/35, COPERNICUS MARG,NEW DELHI-110001

Order Dated: 19/12/2023

For Applicant(s) Advocate : Dr. S.S.Hooda

For Respondent(s) Advocate : Mr.Amit Anand

Order of The Tribunal

Present MA has been filed on behalf of the respondents in the captioned

“a) Allow the present Application and permit the Respondents

(b) Allow the Respondents to fill up the posts of AAO in

(c) Pass any other or further order/s as this Hon'ble Tribunal

i. The respondents shall be at liberty to go ahead with the appointment

Chhabilendra Roul R. N. Singh

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