30 April 2019 ~ 0 Comments

CAT sets a precedent

Officers on a foreign posting who do not report to their cadre state for duty are not eligible for voluntary Retirement Scheme or pension, the Central Administrative Tribunal (CAT) order has directed. The tribunal dismissed the case of former senior IAS officer Sanjeev Singh Ahluwalia, for voluntary retirement from service and pensionary benefits. Mr Ahluwalia is a 1980-batch UP cadre officer. According to sources, in 2005 Mr Ahluwalia was on central deputation holding the post of Joint Secretary in the Department of Disinvestment, Ministry of Finance. At his request, he was repatriated to his parent cadre before completion of the term of deputation. Subsequently, the babu got the permission to accept a World Bank assignment to serve in Sudan for a year between September 18, 2005, and September 17, 2006. However, he never reported back to his cadre state after the completion of his one-year foreign posting. In April 2010, Mr Ahluwalia forwarded an application seeking voluntary retirement under the terms of the relevant All India Service Rules. The Centre rejected his application claiming he wasn’t given any extension beyond a year of his foreign posting, and yet he did not report on duty after the expiry of his foreign assignment. The tribunal noted that the unauthorized period of absence of the applicant was six years and one month. It further observed that if a member of the service who is on valid leave for a period exceeding five years, can be deemed to have resigned, the applicant, who remained on unauthorized absent for six years, cannot keep himself on a higher pedestal.

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