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IN THE HIGH COURT OF DELHI AT NEW DELHI
SANJIV KHANNA & NAJMI WAZIRI, JJ.
NATIONAL HIGHWAYS AUTHORITY OF INDIA – Petitioner
Versus
SANJEEV KUMAR SHARMA & ORS. – Respondents
W.P. (C) 9227/2014 & W.P. (C) 4/2015
Decided On : 05-04-2016
NHAI - Promotion Dispute - National Highway Authority of India Act, 1996, Regulation 15(3) - The court discussed the National Highway Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996 and the amendment applicable from 23rd October, 2009, and the implications of the OM dated 27th March, 2011. The court highlighted the interpretation of 'regular service' and the principles of seniority and eligibility for promotion.
Fact of the Case:
The National Highways Authority of India (NHAI) challenged an order of the Central Administrative Tribunal directing NHAI to consider private respondents for promotion to the post of Deputy General Manager (Technical) and to declare the promotion results together with the applicants.
Finding of the Court:
The court found that the period of deputation should be counted as regular service for the purpose of promotion, rejecting NHAI's contention that the deputation period should not be considered as regular service.
Issues: The main issue was whether the period spent on deputation as Manager (Technical) should be counted as regular service for promotion to the post of Deputy General Manager (Technical).
Ratio Decidendi: The court held that in the absence of a contrary regulation, the period spent on deputation should be considered as regular service. It also emphasized the principles of seniority and eligibility for promotion.
Final Decision: The court upheld the finding of the Tribunal and directed NHAI to formulate a seniority list for the posts of Manager (Technical) and Deputy General Manager (Technical) within six weeks.
SANJIV KHANNA, J.
1. As similar issues arise for consideration in the aforementioned writ petitions, they are being disposed of by this common judgment and order.
2. The petitioner, National Highways Authority of India (NHAI, for short), has impugned a common order dated 11th November, 2014 passed by the Principal Bench of the Central Administrative Tribunal, New Delhi (Tribunal, for short), whereby OA Nos.3696/2014 and 3762/2014 along with connected applications have been disposed of with a direction that NHAI would consider the private respondents for promotion to the post of Deputy General Manager (Technical) in the light of the observations and finding recorded. Further, result of promotion of the applicants as well as the private respondents in the two OAs, shall be declared together.
3. For the purpose of record, we note that the private respondents to the OAs have not objected to or filed any writ petition challenging the impugned order of the Tribunal. The challenge made is by the NHAI.
4. For the purpose of convenience, we have referred to the applicants in OA Nos.3696/2014 and 3762/2014 before the Tribunal as applicants as some of the respondents to the present writ petition are private respondents, who were the contesting respondents in the two OAs. They have been referred to as private respondents.
5. The applicants were appointed on deputation as Manager (Technical) in the years between 2004 to 2008. This appointment on deputation was in accordance with and as per the National Highway Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996. The relevant recruitment regulations for appointment to the post of Manager (Technical), reads as under:-
| 1 | 2 | 3 | 4 | 5 |
| Manager (Technical) | 9 (nine) | Group A/B | 3000-4500 | Transfer on deputation/promotion/direct recruitment |
| 40 years | Educational Qualification Essential (i) Degree in Civil Engineering from a reputed Institution of Technology or a recognized University. Desirable Post Graduate Degree in Civil Engineering in the field‟s to Highway Engineering and/or Post Graduate Degree in Management/MBA from an institute of repute Experience Should have put in at least 3 years of service in a responsible senior position in a Govt. Deptt./Public Sector Undertaking/Commercial Organisation of repute and should be working in a analogous post or the post next below or equivalent for at least 3 years. | By deputation/transfer from candidates already on the panel of Under Secy. In the Govt. of India and possessing the Educational qualifications stipulated in Col.7 or from candidates holding analogous post in a Central/State Govt. Deptt./Autonomous Body/Public Sector Undertaking or with 3 years regular service in the scale of Rs.2200-4000 or 6 years in the scale of Rs.2000-3500. Period of Deputation Not more than 3 years but may be extended with the approval of Central Govt. | ||
| Desirable Should be well versed in the field of Highway/Bridge Engineering dealing with Planning, Pre-qualification or Consultants And Contractors; Financial Appraisal of Projects; Detailed Designing, Techno-Financial reviews; Evaluation of Tenders Contract Management; Monitoring Liaison with major construction agencies/Govt., Bodies; Performance Appraisal of Major Highways/Bridge Projects. | ||||
Appointment to the post of Manager (Technical) as per the regulation could be by way of transfer on deputation, promotion or direct recruitment. The essential educational qualification was a degree in Civil Engineering from a reputed institution of technology or recognized university. Experience as required was at least three years of service in a responsible senior position in a government department/public sector undertaking/commercial organisation
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