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IN THE HIGH COURT OF DELHI
Manmohan, Asha Menon, JJ.
National Highway Authority of India - Appellant
Versus
D.D. Parlawar - Respondent
W.P.(C) 551 of 2021 & CM Appls. 1456-1458 of 2021
Decided On : 25-01-2021
| Table of Content |
|---|
| 1. deputation officer's eligibility for promotion. (Para 1 , 3) |
| 2. nature of service during deputation. (Para 2) |
| 3. previous judgments affecting promotion eligibility. (Para 4) |
| 4. writ petition dismissal. (Para 5) |
JUDGMENT
Manmohan, J. (Oral)--Present writ petition has been filed challenging the orders dated 03rd 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 22nd 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 on deputation is valid for promotion eligibility assessment.
Experience gained during deputation should be considered for promotion eligibility.
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 ....
The court affirmed that an employee does not possess a fundamental right to claim deputation but is entitled to fair consideration; claims of discrimination must be substantiated with clear evidence.
The court emphasized the positive concept of Article 14 of the Constitution of India and the need for adherence to government rules and standards.
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....
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