The appointment of an employee from one DRT to another cannot be deemed a promotion if the employee is not considered a departmental candidate under the applicable Recruitment Rules.

JUDGMENT & ORDER :

N. Unni Krishnan Nair, J.

Heard Mr. Biplav Chakravarty, learned CGC, appearing on behalf of the appellants. Also heard Mr. S. C. Keyal, learned counsel, along with Ms.N. Kakoti, learned counsel, appearing on behalf of the sole respondent.

2. The present writ petition has been instituted by the petitioners, herein, assailing the order, dated 24.04.2023, passed by the learned Central Administrative Tribunal(CAT), Guwahati Bench, in Original Application being O.A. No. 040/00375/2019, along with the Misc. Application No. 040/00055/2022, whereby, the Original Application instituted by the respondent, herein, came to be allowed.

3. The Original Application, referred to above, was instituted by the respondent, herein, before learned Central Administrative Tribunal(CAT), Guwahati Bench, inter alia, praying for the following reliefs:

“8.1 That the Hon'ble Tribunal be pleased to declare that the selection and appointment of the applicant to the post of Section Officer is liable to be treated as Promotion instead of Deputation in modification of the appointment order dated 21.02.2017 (Annexure A9) In the light of the statutory provision laid down in the relevant recruitment rules 2001 of DRT Guwahati.

8.2 That the Hon'ble Tribunal be pleased to direct the respondents to treat the appointment of the applicant to the post of section officer w.e.f 20.02.2017 in modification of the appointment letter 09.02.2017 and appointment order No.DRTG/P- 75/2017/126 dated 21.02.2017 In the light of the relevant Statutory Recruitment Rule, 2001 with Immediate effect without any further delay, With further direction to grant all consequential benefit including seniority in the cadre of Section Officer with Immediate effect.

8.3 Costs of the application.

8.4 Any other relief (s) to which the applicants are entitled to as the Hon'ble Tribunal may deem fit and proper.”

4. As projected in the aforesaid Original Application, the respondent, herein, for the purpose of grant of the reliefs as quoted above, has submitted that he being a departmental candidate, by virtue of being appointed on substantive basis as an Assistant in the Debts Recovery Tribunal(DRT), Cuttack, on his appointment against the post of Section Officer in Debts Recovery Tribunal(DRT), Guwahati, on deputation basis, such appointment was required to be so made in his case in terms of the provisions incorporated in the advertisement published by the Debts Recovery Tribunal (DRT), Guwahati, in the Employment News, dated 30.05.2015-05.06.2015, by way of promotion with all consequential benefits.

5. The said position was disputed by the petitioners, herein, before the learned Central Administrative Tribunal(CAT), Guwahati Bench, by contending that the appointment of the respondent, herein, against the post of Section Officer in Debts Recovery Tribunal(DRT), Guwahati, was on deputation basis and he being a regular employee of Debts Recovery Tribunal(DRT), Cuttack, he could not be deemed to be a departmental candidate, insofar as, his appointment against the post of Section Officer in Debts Recovery Tribunal(DRT), Guwahati, is concerned, in-as-much as, the Debts Recovery Tribunal(DRT), Cuttack, and Debts Recovery Tribunal(DRT), Guwahati, were separate establishments in terms of the provisions of the Recruitment Rules holding the field at the relevant point of time.

6. The learned Central Administrative Tribunal(CAT), Guwahati Bench, upon consideration of the issue arising before it and after hearing the learned counsels appearing for the parties, was pleased to dispose of the Original Application being O.A. No. 040/00375/2019 along with the Misc. Application No. 040/00055/2022, vide order, dated 24.04.2023, by directing the petitioners, herein, to treat the selection and appointment of the respondent, herein, against the post of Section Officer in Debts Recovery Tribunal(DRT), Guwahati, to be a promotion instead of deputation and to extend to him all consequential benefits.

7. The operative