The central legal point established in the judgment is that the appointment mode for a government post must adhere to the relevant Recruitment Rules and the concept of deputation, requiring consent and service outside the cadre/department.

JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition has been filed by the Petitioner seeking the following reliefs:

"i) issue an appropriate writ, order or direction commanding the respondents to issue the correct offer of appointment dated 06.08.2015 indicating that the petitioner has been appointed on direct recruitment basis and after clarifying that he has not been appointed on deputation basis.

ii) The respondents be directed to treat the petitioner as having been appointed to the post of Deputy Director (Administration) on direct recruitment basis for all purposes.

iii) The respondents may further be directed to grant all consequential benefits including seniority, increments, pay fixation, further promotions, and all other benefits arising on the basis of treating the petitioner as having been directed recruited to the post of Deputy Director (Administration).

iv) issue an appropriate writ, order or direction for quashing and setting aside the impugned advertisement dated 21.07.2018 issued by the Respondent department."

2. Factual narrative that emerges from the writ petition is that Petitioner joined Respondent No.2/Pandit Deen Dayal Upadhyaya National Institute for Persons with Physical Disabilities [Divyangjan] (hereinafter referred to as `the Institute'), as an Occupational Therapist in 1995 and earned various promotions thereafter including the last one on 20.05.2014 as Lecturer (Occupational Therapist).

3. On 2-8th August, 2014, an advertisement was issued by the Institute, inviting applications for the post of Deputy Director (Administration) in the Unreserved Category, carrying Pay Band Rs.15600-39100/- with Grade Pay of Rs.6600/- on direct recruitment/deputation basis. The eligibility criteria indicated on the website was as follows:

"Essential -

(i) Post Graduate Degree from a recognised University or equivalent.

(ii) 5 years administrative experience in a responsible capacity in the pay scale of Rs. 8000-13500 (pre-revised), 8 years in the pay scale of 6500-10500 (pre-revised).

Desirable

(iii) Experience in handling procurement of stores, recruitment of personnel, Budget and Accounts at the supervisory level.

(iv) 2 years experience in framing/implementing programmes in the welfare, employment, education and rehabilitation of the handicapped.

DEPUTATION BASIS

The officers holding analogous posts in the Centre/State PSUs/Autonomous bodies or officers in the pay scale of 8000-13500 (Pre-revised) with 5 years regular service or/and in the scale of pay 6500-10500 (Pre-revised) with 8 years regular service with administration/establishment/accounts experience."

4. It is the case of the Petitioner that he applied pursuant to the said advertisement on direct recruitment basis and not on deputation basis, as he was working in the Institute itself and was ineligible for consideration on deputation. The minutes of the Selection Committee meeting held on 07.07.2015, obtained by the Petitioner under the Right to Information Act, 2005 (hereinafter referred to as `RTI Act'), revealed that 42 applications had been received, out of which 22 candidates were found eligible and only 10 amongst them were in the Unreserved Category. The eligible candidates were called for interview including the Petitioner and after considering the candidature of all candidates, the Selection Committee recommended names of three candidates in the order of merit with Petitioner being placed at Serial No.1. The recommendations were accepted by the Competent Authority and an offer of appointment was issued to the Petitioner on 06.08.2015 for the post of Deputy Director (Administration) in PB-3 with Grade Pay of Rs.6600/-.

5. Petitioner states that when the offer of appointment was received, he noticed that erroneously his nature of appointment was mentioned as `transfer on deputation basis', initially for a period of one year, on the terms and conditions contained in DoPT O.M. dated 17.06.2010. On the same day, Petitioner wrote to the Director of the