The judgment established the principle that a deputationist may have a legal right to continue in the post until a regular selection is made, and draft rules cannot be the basis for appointment or promotion unless there is a clear intention to enforce those rules in the near future.

Judgment

S.B. SINHA, J.- Leave granted.

2. The first respondent herein was appointed on deputation as Chief Engineer of the Public Works Department, Government of Pondicherry on short-term deputation/temporary basis pending selection of the regular incumbent by the Union Public Service Commission (UPSC) with effect from 1-7-2004. He was repatriated to his parent department on 14-2-2005 and relieved of his duties on the same day. Questioning the same, an original application was filed before the Central Administrative Tribunal on 25-22005 praying inter alia therein:

" ... it is humbly prayed that this Honble Tribunal may be pleased to quash the order passed by the second respondent in No. A.22012/I/PW 1/Al/2002 (Part) dated 14-2-2005 as illegal and unconstitutional and thus render justice."

3. R. Sundar Raju (appellant in the connected appeal), Superintending Engineer, having three years experience, who was holding the current charge of the duties of the post of Chief Engineer at that time, in the meanwhile had filed an application questioning the deputation of the first respondent herein. In the said original application, the Government of Pondicherry inter alia raised a contention that he was not eligible to hold the post of Chief Engineer as he did not fulfil the eligibility criteria therefor. The said original application was dismissed on the ground of ineligibility to hold the said post and, a furthermore regular appointment in terms of the Rules was yet to take place. It was directed:

"We have already given a limited direction to the respondents when the OA was entertained, to follow the Recruitment Rules as and when the post of Chief Engineer, PWD is filled up on regular basis. The respondents have also assured that the Recruitment Rules will be revised and adhered to strictly when the question of filling up of the post of Chief Engineer on regular basis is taken up. In these circumstances, we are of the view that nothing survives in the relief sought for by the appellant in this OA. The interim orders are made absolute. The OA is disposed of accordingly. No order as to costs."

4. In the meanwhile, draft rules were framed altering the eligibility criteria as regards experience for the post in terms whereof the eligibility clause of five years experience was reduced to three years. R. Sundar Raju was promoted on 27-4-2004 purely on ad hoc basis.

5. The first respondent herein questioned the said appointment by filing an application for amendment in the pending original application on 23-6-2005 before the Central Administrative Tribunal which was registered as MA No. 258 of 2005 wherein he prayed for:

"It is prayed that this Honble Tribunal may be pleased to amend the relief-sought column in the main OA and it may be read as that this Honble Court may be pleased to set aside the promotion order of the fourth respondent passed by the Government of Pondicherry in No. 473/PWl/Al/2005 dated 27-4-2005 and direct the restoration of the applicant as Chief Engineer, Public Works Department, Pondicherry and thus render justice."

6. On or about 8-4-2005, R. Sundar Raju was recommended for promotion by the Departmental Promotion Committee to be promoted to the post of Chief Engineer and by order dated 27-4-2005 he was promoted to the said post purely on ad hoc basis. On or about 21-4-2005, the first respondent was posted by CPWD, New Delhi as Director of Works (SR), Chennai.

7. The original application filed by the first respondent was allowed by the Central Administrative Tribunal by an order dated 14-7-2005. Both the appellants preferred appeals there from before the High Court of Judicature at Madras and by reason of impugned judgment the said appeals have been dismissed holding that as the first respondent was sent on deputation pending selection of the regular incumbent by the UPSC; till such regular selection is made, he had a right to hold the said post. So long, the draft rules were not approved by the competent authority viz.