Law:

Section:

(a) Civil service--- ----Deputationist, absorption of---Pensionary benefits---Unlawful notification---Employee of statutory body [National Construction Limited (NCL)] not having the status of "civil servant" sent on deputation to Senate Secretariat---Notification for permanent absorption of such deputationist in Senate Secretariat issued without approval from competent authority/Chairman Senate---Such notification was unlawful and void ab initio---Further, deputationist was not entitled to pensionary benefits because deputationist's parent department (NCL) was not a pensionable organization, and thus his services in parent department (NCL) could not be counted towards his pension with respect to Senate Secretariat, and because he had also been compensated in terms of advance increments to protect him from any loss arising due to disentitlement from pensionary benefits---Case was remanded to Service Tribunal for decision afresh. Respondent, who was working as Director, National Construction Limited (NCL) was inducted in the Senate Secretariat in BS-20. Subsequently, a summary was got prepared and also put up, ordaining that "his services in his parent department will count towards his seniority in the Senate from the date of promotion to Director Grade equivalent to BS-20 of Government scales". Said notification was issued despite the fact that summary moved in such regard was not approved by the competent authority/Chairman Senate. Significantly respondent was working as Acting Secretary Senate, and without formal approval of the Chairman Senate/competent authority, the notification for permanent absorption of the respondent in Senate Secretariat in BS-20 and for counting of his service in the parent department was issued. Notification in question was thus issued unlawfully and was void ab initio. Perusal of U.O. No.F.4(1)R-2/2006-527, dated 03.11.2006, showed that NCL was a company having its own pay scale and service rules and its employees were not civil servants and their pay on appointment to a civil post under the Government was not protectable under the prescribed policy of Government, circulated vide Finance Division's O.M. dated 12.08.2002 and also…

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