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IN THE HIGH COURT OF DELHI AT NEW DELHI
Manmohan, Asha Menon, JJ.
National Highway Authority Of India - Appellant
Versus
D.D. Parlawar - Respondent
Writ Petition (Civil) No. 551 of 2021; Civil Miscellaneous Application No. 1456 of 2021, 1457 of 2021, 1458 of 2021
Decided On : 25-01-2021
Deputation - Promotion Eligibility - The court upheld the eligibility of the respondent for promotion to the post of Deputy General Manager based on the experience gained during deputation, in line with previous orders and circulars.
Fact of the Case:
The petitioner challenged the orders allowing the respondent's applications for promotion to the post of Deputy General Manager, arguing that deputation should not be considered as regular service for promotion eligibility.
Finding of the Court:
The court found that the respondent's experience during deputation as a Manager should be taken into account for promotion eligibility, based on previous orders and circulars issued by the petitioner.
Issues: Challenge to orders allowing respondent's promotion applications, interpretation of deputation as regular service for promotion eligibility.
Ratio Decidendi: The court held that the experience gained during deputation should be considered for promotion eligibility, in line with previous orders and circulars.
Final Decision: The court dismissed the writ petition and upheld the respondent's eligibility for promotion based on deputation experience.
JUDGMENT
Manmohan, J. - Present writ petition has been filed challenging the orders dated 03 rd September, 2020 passed by Central Administrative Tribunal [CAT] in OA Nos.3315/2019 and 876/2020 whereby the respondent's applications have been allowed and he has been deemed to be eligible for consideration for promotion to the post of Deputy General Manager.
2. Learned counsel for the petitioner submits that the CAT has failed to understand the true nature of 'deputation' inasmuch as during the deputation period, the officer holds lien on the cadre post in parent department and the said recruitment cannot be taken as regular service until the officer is 'absorbed' in the deputation post.
3. Having heard learned counsel for the petitioner and having perused the paper book, this Court finds that the respondent was an Assistant Engineer, who had been sent on deputation to NHAI as 'Manager' on 13th October, 2013. He was absolved in the said post on 12th October, 2018. Next promotion was to the post of DGM and an advertisement was issued in Feb 2019 for the same. However, the respondent was not considered, as according to petitioner, he did not have five years regular service in the post of Manager.
4. In the impugned order, CAT has relied upon its previous order, confirmed by the Division Bench of this Court in WP(C) No.9227/14 wherein it was held that the experience of an officer in the post of Manager - whether on promotion or on deputation - must be taken into account for the purpose of determining the eligibility of promotion. Further the petitioner itself has issued a Circular dated 22 nd May, 2017 in terms of the aforesaid judgment as well. Learned counsel for the respondent has handed over a copy of the Circular dated 22nd May, 2017, which is taken on record.
5. In view thereof, the present impugned order calls for no interference in the writ jurisdiction. Accordingly, the writ petition along with pending applications are dismissed.
Experience gained during deputation should be considered for promotion eligibility.
Experience gained on deputation is valid for promotion eligibility assessment.
Promotion eligibility requires continuous service without gaps; prior service on deputation does not count if repatriated before direct recruitment.
The main legal point established in the judgment is that the circular dated 22.05.2017 clearly stated that deputation service should be considered for promotion, and the Court upheld the decision of ....
Only aggrieved persons with the requisite eligibility can challenge appointments, and the true nature of an appointment must be assessed beyond its terminology.
The right to be considered for promotion is a fundamental right, and promotions should be based on merit and eligibility, with subjective satisfaction and vigilance clearance before according promoti....
: : (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....
The court emphasized the positive concept of Article 14 of the Constitution of India and the need for adherence to government rules and standards.
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