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High Court Of Delhi
POWER PERSONNEL TRAINERS ASSOCIATIONAND OTHERS - Appellant
Versus
UNION OF INDIA - Respondent
Civil Writ 2550 of 1993
Decided On : 01/04/1994
POWER ENGINEERS TRAINING SOCIETY (RECRUITMENT) RULES, 1988 - APPOINTMENT OF CHIEF SUPERINTENDENT (TRAINING) - PERMANENT ABSORPTION OF DEPUTATIONIST - LEGALITY - CONDITIONS OF SERVICE - PROMOTION - CHANCES OF PROMOTION.
Fact of the Case:
Petitioners, an association of officers working in National Power Training Institute (NPTI), and three Directors (Technical/faculty) working at the Training Institute, challenged the decision of respondents to absorb the respondent No. 3 as Chief Superintendent (Training) on a permanent basis. They argued that the absorption was illegal and void, and that the post should be filled by promotion from among eligible incumbents.
Finding of the Court:
The court held that the Power Engineers Training Society (Recruitment) Rules, 1988, which govern the appointment of officers on different posts, including the post of Chief Superintendent (Training), provide for appointment by promotion, failing which by deputation/transfer. The court found that the respondent No. 3, who was initially taken on deputation, could be permanently absorbed by the respondent No. 2, with the approval of the appropriate authorities.
Issues: 1. Whether the respondent No. 3, who was initially taken on deputation, could be permanently absorbed by the respondent No. 2? 2. Whether the permanent absorption of the respondent No. 3 after the expiry of the permissible period of deputation was legal?
Ratio Decidendi: 1. The court held that there is no much difference between deputation and transfer, and when a deputationist is permanently absorbed, he is appointed on transfer under the rules. 2. The court found that the process of permanent absorption of the respondent No. 3 was initiated much prior to the expiry of the period of deputation, and that the respondent No. 3 continued to hold the post during this period. Therefore, the court held that there was no defect in respondents 1 and 2 deciding to permanently absorb the respondent No. 3.
Final Decision: The court dismissed the writ petition, holding that there was no substance in the petition and that the absorption of the respondent No. 3 was legal.
( 1 ) IN this writ petition under Article 226 of the Constitution of India the petitiones have made the following prayers:-
(A) Declare that the purported/impugned decision of the respondents I and 2 to absorb the respondent No. 3 as Chief Superintendent (Training) Rs. 5100-5700 on permanent basis to be illegal and void, and issue an appropriate writ order or direction quashing the same; (b) issue a writ in the nature of mandamus or any other appropriate writ, order or direction requiring the respondents 1 and 2 to take prompt steps as in accordance with the relevant provisions of the Power Engineers Training Society (Recruitment) Rules, 1980 as applicable/adopted by N. P. T. I. for filling the post of Chief Superintendent (Training) Rs. 5100-5700 by promotion from amongst the eligible incumbents; (e) issue rule in terms of prayers (a) and (b) above and make the same absolute after Notice to the respondents; (d) issue any other appropriate writ, order or direction as this Hon ble Court may. deem fit in the circumstanes of the case.
( 2 ) BRIEFLY stated, the facts leading to the filing of this writ petition are as under:-
( 3 ) THE petitioner No. 1 is an Association registered under the Societies Registration Act with the main object to work for the welfare and rights of the officers working in National Power Training Institute (hereinafter referred to as NPTI ). The petitioner No s. 2 to 4 are Directors (Technical/faculty) working at the Training Institute at Badarpur, New Delhi, who arc in the Group a post carrying the pay scale of Rs. 3,700-5,000. The Regional Power Training Institute is functioning directly under N. T. P. I.
( 4 ) IN the year 1980 Power Engineers Training Society was established by the Government of India to function as a National apex body for meeting the traning needs of the power sector in the country. However, all the assets and liabilities of the Power Engineers Training Society, including all its personnel with their then existing terms and conditions and rules of service were transferred to N. P. T. I. vide notification dated 1. 4. 1993. In this way they all have become the employees of the N. P. T. I. The main objects of N. P. T. I. have been to function as a National Organisation for traning in the field of operation and maintenance of power stations and all other aspects of electrical energy system, including transmission, sub-transmission and distribution; to act as an apex body for initiating and coordinating traning programme in the power sector in the country; and establish a traning institute for engineers, operators, technicians and other personnel of the power sector and to identify and assess the training needs of the power sector in the country.
( 5 ) THE N. P. T. I. is a state within the meaning of Article 12 of the Constitution of India and, thus, amenable to the writ jurisdiction of this Court. Its affairs are managed, administered and regulated by the Governing Council which comprises all important functionaries of the Government of India.
( 6 ) THERE are Power Engineers Training Society (Conditions of Service) Rules, 1988, governing the appointment and other conditions of service of the employees. There is a schedule attached to these rules and serial No. (2) deals with the appointment of Head, Power Traning Resources Unit/chief Superintendent (Training), which is a Group a post, carrying the pay-scale of Rs. 5,100-5,700 and it is a selection post. Column 10 deals with the method of recruitment whether by direct recruitment or promotion or bydeputation and it has been provided that the recruitment is by promotion, failing which by deputation/transfer, failing both by direction recruitment (including short term contract ). Column 11 relates to "in case of recruitment by promotion/deputation, grade from which promotion/deputation to be made" and the following entry exists:
"by Promotion/deputation: Engineering officer of the level of Director or equivalent with
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