Union Of India &anr. VS. R.C.D.' Souza

Summary

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The respondent had been recruited as Assistant Comman- dant in the C.R.P.F. under Rule 105(3-A) of the Central Reserve Police Force Rules, 1955 on the footing that he was a retired Army Officer. He was promoted on temporary basis as Commandant on the basis of selection. His promotional appointment as Commandant was extended from time to time. On being informed by the Authorities that he was not entitled for absorption in the Force in view of Rule 107(2) of the Rules, he made a representation to the President. The said representation having been rejected by the President, he filed a writ petition in the High Court for a direction for his absorption in the Force. A Single Judge of the High Court allowed the writ petition. The Division Bench also upheld the decision of the Single Judge. Hence this appeal by special leave.

During the pendency of the appeal, sub-rule 2 of Rule 107 was substituted with effect from 20th September 1985. It provides that any officer re-employed after he has retired from Army prior to the attainment of the age of superannua- tion in the civil post, will, if appointed to civil post be treated as direct recruit and his seniority in the grade fixed accordingly.

Allowing the appeal by the appellant in part.

HELD: (1) Sub-rule(2) of Rule 107 of the Rules as amend- ed in terms applies to the respondent. He is entitled to absorption in the cadre with effect from the date the amend- ed rule came in force and he is, therefore, to be confirmed in the post of Commandant and absorbed in the appropriate cadre from that date. He would, however, be entitled to credit of continuous service for the entire period of serv- ice as Assistant Commandant and Commandant for the limited purpose of pension. [386B-C; F]

383 (2) Rule 107(2) made under the Central Reserve Police Act, 1949 prior to the amendment of 1985 clearly provided that the service shall be temporary and rules and orders applicable to Central Government employees in temporary service would apply. The scheme of the rule is indicative of the position that in regard to officers recruited under Rule 105(3-A), benefit of absorption was not admissible. Absorp- tion on permanent basis would run counter to the scheme of the rules. Therefore, the direction of the High Court to absorb the respondent from the date of his appointment stands set aside. [385E-H]

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Extract

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Union Of India &anr. VS. R.C.D.' Souza

PETITIONER: UNION OF INDIA &ANR.

Vs.

RESPONDENT: R.C.D.' SOUZA

DATE OF JUDGMENT20/02/1987

BENCH: MISRA RANGNATH

BENCH: MISRA RANGNATH

PATHAK, R.S. (CJ)

CITATION: 1987 AIR 1172 1987 SCR (2) 382 1987 SCC (2) 211 JT 1987 (1) 533 1987 SCALE (1)390

ACT: Central Reserve Police Act 1949/Central Reserve Police Force Rules 1955--Rules 105(3-A) and 107--Retired Army Officer--Recruited as Assistant Commandant--Later promoted as Com...

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