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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
National Highway Authority Of India – Appellant
Versus
G. Athipathi – Respondent
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 adver
Promotion eligibility requires continuous service without gaps; prior service on deputation does not count if repatriated before direct recruitment.
Experience gained during deputation should be considered for promotion eligibility.
: : (1) Promotion is a condition of service and consideration thereof is a fundamental right.(2) When rules specifically provide that promotion has to be made on the basis of selection where merit is....
Experience gained on deputation is valid for promotion eligibility assessment.
When comparing ACRs for promotion, upgrade gradings by one level for officer's periods on higher post versus lower post to enable fair assessment; petitioner qualifies post-upgrade.
The main legal point established in the judgment is the recognition of the petitioner's service in BSF and NIA for eligibility to the post of ASP, based on the equivalence of his rank in BSF and NIA,....
The main legal point established in the judgment is that the absorption of deputationists in the CHS was as direct recruits, and their past service in their parent cadre could not be counted for the ....
The court held that past service in a different cadre cannot be counted as qualifying service for promotions in the Central Health Services, emphasizing adherence to the stipulated rules.
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