ACCOUNTANT GENERAL (A AND E) ASSAM GUWAHATI vs NAIYER SULTAN ALI on 22 September 2026

ORDER

PER: RAJINDER SINGH DOGRA, JUDICIAL MEMBER: This application has been preferred to seek the following relief: “8.1. That the Hon'ble Tribunal be pleased to set aside and quash the impugned speaking order dated 28.03.2024 (Annexure-A1) passed by the Senior DAG (Admn) O/o the PAG (Audit) Patna, Bihar rejecting the case of the applicant for consideration for appointment on deputation basis in the cadre of AAO (Civil Audit ) pursuant to the C&AG New Delhi circular dated25.03.2021 read with circular dated 06.05.2021 issued by the PAG (Audit) Patna, Bihar without assigning any valid reasons with a further direction upon the Respondent No.4 to hold a Review Selection meeting for appointment on deputation/absorption of the applicant in the cadre of AAO (Civil Audit) in the O/o the PAG(Audit),Patna, Bihar or alternatively with immediate effect without any further delay.

8.2. That the Hon'ble Tribunal be pleased to direct the Respondents No.laswellasRespondentno.4 for consideration of unilateral transfer and posting of the present Applicant to

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the post of AAO (Civil Audit) in any one of the existing or future vacancy in O/o the PAG (Audit) Patna' Bihar with immediate effect in the light of the , transfer policy of choice station posting and interdepartmental . transfer adopted by the respondent through policy decision contained in OM dared 14.12'1983 as well as policy decision adopted by the respondents infavour of Hindi Translators for choice station posting vide order bearing letter no. letter no.113- Staff Apptt. IV/03--2018 dated 26.11.2019. 8.3 Costs of the application. 8.4 Any other relief(s) to which the applicant is entitled as the Hon'ble Tribunal may deem fit and proper.”

2. Brief facts of the case as submitted by learned counsel for the applicant are that, applicant was initially appointed as Accountant through Staff Selection Commission and posted in the office of the Principal Accountant General (A&E) Mizoram, Aizawl. Thereafter, he applied for deputation for the post of AAO in PAG (Audit) Assam and was posted in Guwahati. As per applicant, while serving on deputation basis as AAO (Civil Audit) in the office of the PAG (Audit), Assam, he was permanently absorbed in the cadre of AAO with immediate effect or from the date of assuming charge in the cadre of AAO (Civil Audit) pursuant

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to C&AG, New Delhi Circular No. 42 issued vide letter dated 29.12.2023 wherein name of the applicant letter dated 12.04.2024. Thereafter, he applied for appointment on deputation basis to the existing post of AAO (Civil Audit) in the office of PAG (Audit) Patna as he has old aged parents who needs his care at their advanced age. He submitted representation on 17.09.2023, however, the respondents vide impugned speaking order dated 28.03.2024 rejected his prayer for deputation cum absorption basis stating that he had already availed deputation and relieved from Mizoram to PAG (Audit) Assam. Hence, this O.A.

3. Learned counsel for the applicant argued that the impugned speaking order dated 28.03.2024, shows that the case of the applicant was not at all considered by the selection committee for appointment on deputation basis in cadre of AAO pursuant to the C&AG Circular dated 25.03.2021 read with consequential circular dated 06.05.2021 on extraneous consideration when there was no restriction imposed by the office of the C&AG New Delhi for consideration of appointment on deputation basis in

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different offices of the PAG simultaneously. As such impugned speaking order is liable to be set aside and quashed with the further direction upon the respondents to review selection committee meeting to consider the case of the applicant strictly on merit basis for appointment on deputation cum absorption in office of the PAG (Audit) Patna, Bihar either against any existing vacancy.

3.1. It is obligatory on the part of the respondents, more particularly the respondent no. 4 to consider the case of the applicant even for appointment on deputation basis, strictly on merit i.e., on the basis of 5 (Five) years APARs as well as on the basis of vigilance clearance certificate issued in favour of applicant by the O/O of PAG (A&E) Mizoram, Aizawl and not on the basis of any oral information of appointment of the applicant on deputation basis in the O/o of the PAG (Audit) Assam when the only opportunity of appointment of the applicant in the O/o of the PAG (Audit) Bihar under the policy of Deputation-cum-Absorption. Respondents are trying to block the opportunity of

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absorption of the applicant in the office of the PAG (Audit) Bihar.

3.2. Applicant being a Group- 'B' category employee serving in the cadre of AO (Civil Audit) in the O/O PAG (Audit) Assam in NE region as well as in consideration of the past service rendered in the office of the PAG (A&E) Mizoram Aizawl, applicant has acquired a valuable legal right for choice station posting in the O/O of the PAG office Patna, Bihar.

3.3. Similarly situated employees in the establishment of Principal Accountant General Offices or in the Offices of the administrative control of Comptroller and Auditor General of India, New Delhi have been extended the benefit of choice station posting in the event of posting in the North Eastern Region, irrespective of the Rank, Status and Pay in the recent past. But surprisingly, similar benefit of choice station posting has been denied to the present applicant who is also similarly situated like those incumbents working in the Rajbhasha Cadre. As such, the present applicant is meted out with hostile discrimination.

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4. Learned counsel for the applicant further submits that one Shri Shailendra Kumar, Accountant who was on deputation in the O/o The Director, Regional Training institute Shillong and also qualified in the SAS Examination was subsequently selected for deputation in the cadre of AAO, Civil Audit in the O/o The Principal Director (Industry & Corporate Affairs, New Delhi and was released by the O/o The Director, Regional Training Institute, Shillong while serving on deputation as Senior Accountant to enable him to join as AAO on deputation basis at New Delhi and subsequently said Shri Shailendra Kumar was permanently absorbed in the O/o The Principal Director (Industry & Corporate Affairs), New Delhi 'AS IS WHERE IS BASIS' but the present applicant has been deliberately denied of the similar opportunity for absorption in the cadre of AAO in the O/o The PAG, (Audit), Patna, Bihar.

5. Respondents in their reply have stated that applicant had applied for deputation for the post of Assistant Audit Officer in the O/o PAG(Audit) Assam and PAG(Audit) Bihar in terms of CAG HQ (Respondent no.1) letter dated

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25.03.2021. The said letter was merely for deputation and not for deputation cum absorption as claimed by the applicant. Further, the Heads of Department in IA&AD are authorized to send their staff on deputation under their own power after mutual consultation with each other. Deputation is for a limited period normally for one year and then extended on year-to-year basis based on a number of factors like availability of vacancies, concurrence of both lending and borrowing office and administrative convenience. The deputation covers only those appointments that are made by transfer on a temporary basis provided the transfer is outside the normal field of deployment and is in public interest. Such appointment is for a limited period at the end of which the employee reverts to parent cadre.

5.1. That against the advertised 5 vacancies, the office of the respondent No.4 received 6 applications. As applicant was already relieved from his parent office with effect from 03.09.2021 to join O/o PAG (Audit) Assam on deputation basis, remaining candidates were selected with approval of

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HoD on 08.09.2021 on deputation basis to the post of AAO in the O/o PAG(Audit) Bihar. He willingly and with his full consent got relieved from the O/o PAG(A&E) Mizoram and joined on deputation basis in Guwahati. After that he accepted promotion to AAO in the same office vide office order dated 12.04.2024 issued by the Sr. DAG (Admn) in pursuance of circular No. 42 issued on 29.12.2023, "AS IS WHERE IS BASIS".’

5.2. That as per the existing guidelines (as per deputation policy issued by Headquarter Office), HoDs of IA & AD has been vested with the powers to recommend their staff for deputation. Therefore, the application for deputation received through proper channel are considered only if vacancy exists.

6. Learned counsel for the applicant submits that it is obligatory on the part of the PAG (Audit), Bihar to hold a review selection and to appoint the applicant on the basis of the report of the review selection committee and in the event the applicant if found suitable by the review selection committee, then the applicant need to be appointed on

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regular basis as Assistant Audit Officer in the office of the PAG (Audit), Patna, Bihar under the scheme of "AS IS WHERE IS BASIS" with immediate effect

7. Heard the parties and perused the records and the pleadings therein.

8. It is an admitted position that the applicant was posted in Mizoram and thereafter, on deputation, he came to Guwahati and thereafter, he applied for appointment on deputation basis in PAG (Audit) Bihar, which was not considered because he had already applied for deputation to the post of AAO in the office of PAG (Audit) Guwahati and he was relieved from Mizoram to join at Guwahati. Now, the applicant has stated that in the future vacancy, the name of the applicant should be considered on merit basis as he has served in the North East, which is a hard area, so he is entitled for choice station. He alleges discrimination wherein similarly situated persons have been considered. One such persons is, namely, Sri Shailendra Kumar, Accountant, who was on deputation in Shillong and also qualified in the SAS Examination was subsequently

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selected for deputation in the cadre of AAO, Civil Audit in the O/o The Principal Director (Industry & Corporate Affairs, New Delhi and was released from Shillong while serving on deputation as Senior Accountant to enable him to join as AAO on deputation basis at New Delhi and subsequently said Shri Shailendra Kumar was permanently absorbed in New Delhi office.

9. Considering the rival submissions and arguments hereinabove, we direct the respondents to consider the case of the applicant for his appointment on deputation basis in PAG (Audit) Bihar against any future vacancy, if any arises, on merit basis.

10. The O.A is disposed of. No costs. Pending M.A also stands disposed of.

(MALLIKA ARYA) (RAJINDER SINGH DOGRA)

MEMBER (A)

MEMBER (J)

SS

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