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IN THE HIGH COURT OF ORISSA, CUTTACK
B.R. Sarangi, J.
Dr. Sakti Prasad Das - Appellant
Versus
Union Of India & Ors. - Respondents
W. P(C) No. 12776 of 2021
Decided On : 25-11-2021
Advertisement - Appointment of Director, SVNIRTAR, Cuttack - Office Memorandum dated 17.02.2016 - The court discussed the provisions of the office memorandum dated 17.02.2016, which allowed the extension of deputation period up to 7 years at a stretch if absolutely necessary in public interest. The court found that the petitioner had no vested right to continue as the Director after the deputation period of 5 years expired, as the same was not extended up to 7 years at a stretch. The advertisement for regular recruitment of Director was not challenged and could not be quashed.
Fact of the Case:
The petitioner sought to quash an advertisement inviting applications for the post of Director, SVNIRTAR, Cuttack, and to continue in the post for a total period of seven years from his initial date of appointment. The petitioner was appointed as the Director on deputation basis for a period of 3 years, which was extended to 5 years. He requested an extension to 7 years, but the borrowing organization allowed him to continue as Officiating Director after the deputation period expired.
Finding of the Court:
The court found that the petitioner had no vested right to continue as the Director after the deputation period of 5 years expired, as the same was not extended up to 7 years at a stretch. The advertisement for regular recruitment of Director was not challenged and could not be quashed.
Issues: The main issue was whether the petitioner had a right to be appointed as the Director on a regular basis after the deputation period expired.
Ratio Decidendi: The court held that the petitioner had no vested right to continue as the Director after the deputation period of 5 years expired, as the same was not extended up to 7 years at a stretch. The advertisement for regular recruitment of Director was not challenged and could not be quashed.
Final Decision: The writ petition was dismissed, and the court directed the opposite parties to proceed with the advertisement for regular recruitment of Director, SVNIRTAR, Cuttack, as expeditiously as possible.
JUDGMENT
Dr. B.R. Sarangi, J. - The petitioner, by way of this writ petition, seeks to quash the advertisement under Annexure-11, by which the Ministry of Social Justice and Empowerment, Department of Empowerment of Persons with Disabilities has invited applications for the post of Director, Swami Vivekananda National Institute for Rehabilitation, Training and Research (SVNIRTAR), Cuttack, an autonomous body, and to issue direction to the opposite parties to allow the petitioner to continue in the post of Director, SVNIRTAR, Cuttack for a total period of seven years from his initial date of appointment, i.e. 27.01.2016.
2. The factual matrix of the case, in a nutshell, is that SVNIRTAR, Cuttack is an autonomous body under the administrative control of the Department of Empowerment of Persons with Disabilities, Ministry of Societal Justice and Empowerment, Government of India, which has been formed for rehabilitation of physically handicapped and for research and training in the said field.
3. The petitioner was appointed as an Assistant Professor/General Duty Medical Officer (PMR), SVNIRTAR, Cuttack on 18.01.1995 by following due procedure of selection, pursuant to an advertisement. While the petitioner was so continuing, pursuant to an office memorandum dated 08.01.2016, he was selected and appointed on deputation to the post of Director initially for a period of 3 years. On 27.01.2016, after accepting the terms and conditions, he was appointed as the Director, SVNIRTAR. Thereafter, his deputation period was extended on 10.12.2018 for a further period of 2 years, i.e. total period of deputation of the petitioner to the post of Director was made to be 5 years, instead of 3 years. Since the period of deputation was going to over on 27.01.2021, the petitioner wrote a letter to opposite party no.1 on 07.10.2020 stating inter alia that as per the DOPT Office Memorandum dated 17.02.2016, the deputation period for government employees has been revised to the maximum period of 7 years instead of 5 years, therefore, his period of deputation may be extended to 7 years in accordance with the aforesaid office memorandum. While the representation of the petitioner was pending, since the period of deputation of 5 years was going to complete on 27.01.2021, opposite party no.1 issued an order on 21.01.2021 allowing the petitioner to continue to function as Officiating Director, SVNIRTAR with effect from 28.01.2021 till appointment of a regular Director or till further orders, whichever is earlier. But, without considering the extension of deputation period of the petitioner till completion of 7 years, as per the office memorandum dated 17.02.2016, a fresh advertisement was issued for recruitment of regular Director of SVNIRTAR, Cuttack by the opposite party no.1 under Annexure-11. Hence this writ petition.
4. Mr. J.K. Rath, learned Senior Advocate appearing along with Mr. B.P. Das, learned counsel for the petitioner argued with vehemence that the petitioner was appointed on 18.01.1995 under Annexure-3 as Assistant Professor/General Duty Medical Officer (PMR). While he was continuing as such, he was selected and appointed in the post of Director, SVNIRTAR, Cuttack on deputation basis for a period of 3 years vide office memorandum dated 08.01.2016 issued by opposite party no.1 under Annexure-4. Consequent upon acceptance of the terms and conditions contained in the offer of appointment issued vide office memorandum dated 08.01.2016, he was allowed to continue as Director of SVNIRTAR, Cuttack in the pay band of Rs.37,400- Rs.67,000/- with grade pay of Rs.8,700/- for a period of three years vide Annexure-5. Consequentially, before the period of deputation was going to expire on 27.01.2019, the competent authority vide order dated 10.12.2018 under Annexure-6, conveyed the approval of extension of the period of deputation of the petitioner for a further period of two years beyond 27.01.2019 up to 27.01.2021 on the same terms and conditions. While h
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