Retrospective absorption
Querist :
Anonymous
(Querist) 22 November 2011
This query is : Resolved
Respected Sir,
Thank you very much for the reply given by Mr. Dhingraji on my query dt: 3.11.2011 in regard to retropsective absorption. Further details may please be clarified.
1. As per Swamys Guide - 1996 Page No. 222, "No Retrospective abosrption is permissible" Your Comments please
2. As per DOPT's OM No. 28016/5/85-Estt(C) Dt: 31.1.1986, "Release of the Government servants for apoointment in the enterprises : A Government servant who has been selected in the central public enterprises may be released only after obtaining and accepting his resignation from the government service"
Actually the Constable came on deputation on 15.6.87 and in the year 1995, absorption order was issued which takes effect from 15.6.87. DOPT's order is like so, how can he resign his job on 15.6.87 ? (Absorption order issued during 1995)
3. During the Deputaion period from 1987 to 1995 is pension, foriegn service contribution have been sent to his parent department. It means 1987 to 1995 he was in the roll of Tamilnadu Government. But as per Retrospective abosrption, which takes effect from 15.06.1987, it means he was in the NLC Roll. From 1987 to 1995, He was in both the Tamilnadu Government and NLC Organisation. It seems dual employment. Kindly clarify.
Guest
(Expert) 22 November 2011
Good points raised, but on absolutely bad reference making your question a vague question, that too with a crucial infirmity in the present question due to not providing link to your previous question to know what was your basic question.
About bad references: At first, you are referring to a 16 year old book, whereas Swamy issues a new edition about 4-5 months earlier than the year of edition every year. The present edition available in the market pertains to 2012.
Secondly, you are talking about State Government offices/ officials but referring to ruling material applicable on the autonomous bodies of the Central Government/ Railways.
Third, you are not discriminating between fresh appointment on direct recruitment and deputation of Central Government employees.
Fourth, you have not referred any ruling issued by the Tamilnadu Government to seek clarification with respect to the deputation of an employee of a TN police department in to another State Government department.
However, there is no case of dual employment of the constable, as he did not draw his salary from his parent department during deputation period. Mere remittance of pension contribution to the parent department till the date of issue of orders of absorption does not amount to dual employment. Pension contribution, if made in excess can be recovered from the concerned department any time.
Rajeev Kumar
(Expert) 22 November 2011
I agree with Dhingra sir
