Promotion eligibility requires continuous service without gaps; prior service on deputation does not count if repatriated before direct recruitment.

JUDGMENT :

(Ahsanuddin Amanullah, J.)

Leave granted.

Heard Mr. Santosh Kumar, learned counsel for the appellant and Mr. A. Lakshminarayanan, learned counsel for the respondent no.1.

3. The present appeal arises from the Final Judgment and Order dated 01.03.2023 (hereinafter referred to as the “Impugned Order”), passed by the Division Bench of the High Court of Judicature at Madras (hereinafter referred to as the “High Court”) in W.P. No.11060 of 2021, whereby the appeal filed by the appellant was dismissed and the judgment dated 30.12.2020 rendered by the Central Administrative Tribunal, Chennai Bench (hereinafter referred to as the “CAT”) in O.A. No.310/01633/2020 was upheld.

THE FACTUAL SETTING:

4. The respondent no.1 was initially working as an Assistant Engineer in the service of the Government of Tamil Nadu. The appellant, by an order dated 27.05.2008, appointed him on deputation basis as Manager (Technical) with effect from 21.05.2008, initially for a period of three years. He worked continuously for a period of six years till 13.06.2014, when he was repatriated to the parent department viz. the Highways & Minor Ports Department, Government of Tamil Nadu. In the meantime, an advertisement dated 15.03.2014 had been issued by the appellant inviting applications for recruitment to the post of Manager (Technical) on direct recruitment basis. The respondent no.1, on 11.04.2014, had applied for the said post after receiving approval from the parent department. Subsequent to his repatriation, he appeared in the written examination on 23.08.2014 and was selected as Manager (Technical) vide order dated 11.09.2014 by the appellant. On 26.08.2015, the respondent no.1 joined as Manager (Technical). The order of appointment of respondent no.1 was passed by the appellant on 02.09.2015 with effect from 26.08.2015.

5. The post of Manager (Technical) is the feeding cadre for promotion to the post of Deputy General Manager (Technical). As per the Schedule appended to the National Highways Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996 (hereinafter referred to as the “Recruitment Regulations”), promotion to the post of Deputy General Manager (Technical) may be made from candidates holding the post of Manager (Technical) for a period of at least 4 years. As such, a Circular was issued by the appellant on 22.05.2017 (hereinafter referred to as the “Circular”) inviting applications from all eligible Managers (Technical) for promotion to the post of Deputy General Manager (Technical). Clause 6 of the said Circular is extracted hereunder:

“6. It has also been decided to treat the deputation service (if any) rendered on the post of Manager (Technical) in NHAI as regular service for the purpose of promotion to the post of DGM (Technical). It has also been decided that the Manager (Technical), when found suitable for promotion, shall be promoted to the post of DGM (Technical) notionally with effect from the date they fulfil the eligibility criteria for the promotion, but not before the date of absorption and the date of promotion of applicants in OA 3696/2014 and 3762/2014 i.e. dated 29.12.2014, subject to recommendations of the Selection Committee. The actual promotion shall take effect from the date of assumption of charge against the post of DGM (Technical).”

6. The issue of considering deputation service as regular service for promotion to the post of Deputy General Manager (Technical) was deliberated on in a Meeting of the Executive Committee of the appellant held on 12.10.2017. The decision thereon, as recorded in the Minutes of Meeting dated 20.10.2017, is reproduced hereunder:

“(c) As a strict one time measure and a special case, the deputation service (including period of absence from NHAI for fulfilling administrative formalities e.g. submission/ acceptance of technical resignation / retirement etc.) will be treated as regular service for the purpose of reckoning eligibility for the promotion to the post of DGM (Tech.