There is not much difference between deputation and transfer. The service conditions of All India Service Officers are governed by the provisions of the All India Services Act, 1961 and the Rules and Regulations made under the said Act such as the Cadre Rules, Cadre Regulations, Recruitment Rules and the Appointment by Promotion Regulations. Practically, every aspect from the creation of the Cadre, fixation of strength of the Cadre, filling up of the officers in the Cadre, their deputation, selection, promotion and seniority are all statutorily governed under the above-cited Rules and Regulations.
There shall be constituted for each State or group of States an Indian Police Service Cadre. ‘Cadre officer’ means a member of the Indian Police Service.
Rule 3 of the IPS (Cadre) Rules, 1954 provides that each State and a group of States will have a State Cadre or Joint Cadre respectively of the IPS and Rule 5 of the Cadre Rules provides that the Central Government in consultation with the State Government or State Governments concerned has the power to make allocation of IPS officers to various Cadres. The Cadre strength determined under the Cadre Rules, plays an important role inasmuch as the number of members of the State Police Service
Sec 6. Deputation of cadre officers
6(1) A cadre officer may, with the concurrence of the State Government or the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not which is wholly or substantially owned or controlled by the Central Government or by another State Government.
Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government or State Governments concerned shall give effect to the decision of the Central Government.
Sec 12. Interpretation—If any question arises as to the interpretation of these rules, the Central Government shall decide the same.
Ref: Indian Police Service (Cadre) Rules 1954
“source” or “feeder Cadre” means Central Government
Comment
1-Under Rule 3 of the Cadre Rules, an IPS Cadre is created for each State or a group of States in the Indian Union. Rule 4 of the said Rules provides that the Central Government in consultation with the State Governments should determine the strength and composition of the Cadres constituted under Rule 3 by framing the regulations in this behalf. This Rule also provides for a review of the Cadre from time to time which used to be at an interval of every 3 years and presently amended to 5 years.
2-Under the scheme of the Rules, ‘Service’ is a narrower body than the Cadre and every temporary post, which carries the same designation as that of any of the posts in the schedule is a Cadre post, whether such post is comprised in the ‘Service’ or not under the Recruitment Rules.
3-Under the Cadre Regulations it is obligatory for the Central Government to do periodical Cadre review.
4-There is not much difference between deputation and transfer. Indeed, when a deputationist is permanently absorbed in the CBI, he is under the Rules appointed on transfer. In other words, deputation may be regarded as a transfer from one government department to another. It will be against all Rules of service jurisprudence, if a government servant holding a particular post is transferred to the same or an equivalent post in another government department, the period of his service in the post before his transfer is not taken into consideration in computing his seniority in the transferred post. The transfer cannot wipe out his length of service in the post from which he has been transferred. It has been observed by this Court that it is a just and wholesome principle commonly applied where persons from different sources are drafted to serve in a new service that their pre-existing total length of service in the parent department should be respected and presented by taking the same into account in determining their ranking in the new service Cadre. See R. S. Mokashi v. L M. Menon (1982) 1 SCC 379 Wing Commander J. Kumar v. Union of India (1982) 3 SCR 453.
5-Where an officer initially comes on deputation and is subsequently absorbed, the normal principles that the seniority should be counted from the date of such absorption, should mainly apply. Where, however, the officer has already been holding on the date of absorption in the same or equivalent grade on regular basis in his parent department, it would be equitable and appropriate that such regular service in the grade should also be taken into account in determining his seniority subject only to the condition that at the most it would be only from the date of deputation to the grade in which absorption is being made. It has also to be ensured that the fixation of seniority of a transferee in accordance with the above principle will not effect any regular promotions made prior to the date of absorption.
6- Relevant IPS rules-Indian Police (Appointments by Promotion, Regulations, 1955) issued in pursuance of sub-rule (1) of Rule 9 of the Indian Police Services (Recruitment) Rules, 1954. The relevant Rules are Rules 8, 9, 28-A and 33 of the 1954 Rules.
