Whether retrospective absorption is permissible or not
Querist :
Anonymous
(Querist) 03 November 2011
This query is : Resolved
Dear Sir, kindly clarify. A constable was appointed in 1984 in Tamilnadu police. He came on deputation to NLC as Vigilance Constable on 15.06.1987. Actually, he was on deputation from 1987 to 1995 as Vigilance Constable. During August 1995, he was absorbed in NLC with retrospective effect w.e.f.15.06.1987 as Head Constable. (This order shows without deputation period i.e.date of joining in NLC, without even a single day service in NLC, he was considered for promotion from Constable to Head Constable).
Q.1.Whether Retrospective absorption is permissible or not.
Q.2. Whether any person can be absorbed without deputation period?
Q.3. While considering his promotion, Parent dept. approval is necessary or not?
Q.4. In NLC Time Bound Promotion from one category to another category is 4 years. His absorption letter Dt.11.08.1995. Due to Retrospective Absorption, he was considered for promotion from Constable to Head Constable Gr.II, Head Constable Gr.I and Asst. Vigilance Inspector (As on 01.01.1996) (within 4 months i.e. 11.08.1995 to 01.01.1996) three promotions given. Whether the order passed by NLC is right or wrong?
Q.5. During deputation from 1987 to 1995 Rent free Quarters allotted to him. Due to Retrospective absorption(15.06.1987), Is he eligible for rent free quarters from 1987 to 1995 without deputation?
Guest
(Expert) 03 November 2011
Replies to your questions are as follows:
1) Retrospective absorption from the date of joining of an employee is permissible.
2) Of course, the employee can be absorbed with effect from the original date of joining without any deputation period.
3) An employee can be promoted in the department of deputation without consulting his parent department, but with no effect in his parent department until he actually becomes due for promotion in turn in his own department.
4) No effect of the issue of letter of absorption on his promotions, as the promotion becomes due on attaining qualifying service for the same from the effective date of absorption.
5) Rent free quarter is attached to post only on which an employee is posted, irrespective of whether he is the regular employee of the department or on deputation, so that he may always be approached for emergency duty at any time of need.
I can understand your concern, but biases in services do appear. Moreover, the constable being in the vigilance department would have exerted influence in his absorption from back date.
