GAHC010097882025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Review.Pet./83/2025

SHRI BANSHIDHAR MOHAPATRA

S/O LATE TRILOCHAN MOHAPATRA, R/O HOUSE NO 42, SOUTH SARANIA,

HEMGIRI HILLS, GUWAHATI 781007, ASSAM.

VERSUS

UNION OF INDIA AND 3 ORS

REPRESENTED BY SECY. TO THE GOVT. OF INDIA, MINISTRY OF

FINANCE, DEPTT. OF FINANCIAL SERVICES (BANKING DIVISION) JIVAN

DEEP BUILDING, PARLIAMENT STREET, NEW DELHI 110001

2:THE CHAIRPERSON

DEBTS RECOVERY APPELLATE TRIBUNAL (DRTA) 9 OLD POST STREET

KOLKATA GPO

7TH FLOOR

KOLKATA

3:THE REGISTRAR

DEBTS RECOVERY APPELLATE TRIBUNAL (DRTA) 9 OLD POST STREET

KOLKATA GPO

7TH FLOOR

KOLKATA

4:THE PRESIDING OFFICER

DEBTS RECOVERY TRIBUNAL GUWAHATI

SUWARANA BHAWAN HOUSE NO 12

NEW TOWN PATH ULUBARI

GUWAHATI 78100

Advocate for the Petitioner : MR. S C KEYAL, KAUSHIK JAIN

Advocate for the Respondent : , Linked Case : WP(C)/3589/2023 UNION OF INDIA AND 3 ORS REP. BY SECRETARY TO THE GOVT. OF INDIA MINISTRY OF FINANCE DEPARTMENT OF FINANCIAL SERVICES (BANKING DIVISION)

JIVAN DEEP BUILDING PARLIAMENT STREET NEW DELHI-110001.

2: THE CHAIRPERSON DEBTS RECOVERY APPELLATE TRIBUNAL (DRAT)

9 OLD POST STREET KOLKATA GPO

7TH FLOOR KOLKATA-700001.

3: THE REGISTRAR DEBTS RECOVERY APPELLATE TRIBUNAL (DRAT)

9 OLD POST OFFICE STREET KOLKOTA GPO

7TH FLOOR KOLKATA-700001.

4: THE PRESIDING OFFICER DEBTS RECOVERY TRIBUNAL GUWAHATI SUWARNA BHAVAN H/NO. 12 NEW TOWN PATH ULUBARI GUWAHATI-781007.

VERSUS BANSHIDHAR MOHAPATRA S/O LATE TRILOCHAN MOHAPATRA SECTION OFFICER ON DEPUTATION DEBTS RECOVERY TRIBUNAL GUWAHATI SUWARNA BHAVAN H/NO. 12 NEW TOWN PATH ULUBARI GUWAHATI-781007 ------------

For the Petitioner/appellant(s) : Mr. P. Nayak, Addl. AG, assam For the Respondent(s) :

B E F O R E –

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HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

17.11.2025 (Ashutosh Kumar, CJ)

We have heard Mr. S. C. Keyal, learned Advocate for the review petitioner.

This review petition has been preferred against the judgment dated

01.04.2025, passed by a coordinate Bench in WP(C) No. 3589/2023.

The petitioner had applied for being appointed as a Section Officer, on deputation, in the Debts Recovery Tribunal (DRT), Guwahati Bench, under the Debts Recovery Tribunal, Guwahati, Group ‘A’ and ‘B’ (Gazetted) and Group ‘B’ (Non-Gazetted) Posts Recruitment Rules, 2001 (hereinafter to be referred as “Rules of 2001”).

The Rules of 2001 specifies that if any candidate selected is a departmental candidate, his appointment shall be deemed to be promotion. The eligibility for such appointment is 8 years working experience as an Assistant.

The petitioner returned successful and was appointed on the post of Section Officer in the DRT, Guwahati. He, on being asked, desired to have his appointment treated as on deputation and also claimed deputation charges as part of his salary.

Later, the Rules of 2001 underwent a change and a common Rule was framed in the year 2018, amalgamating all DRT institutions, including the DRAT, Kolkata, and a common seniority list of Assistants was published, wherein the petitioner was shown as an Assistant at a particular serial number.

The petitioner submitted a representation before the Presiding Officer, DRT, Guwahati to treat his appointment as promotion and not deputation.

The Presiding Officer, DRT, Guwahati, forwarded the said representation to the DRAT, Kolkata for consideration. The DRAT, Kolkata, rejected the prayer of the petitioner vide order dated 15.01.2020.

However, before the aforesaid rejection of the petitioner’s application, the petitioner had approached the Central Administrative Tribunal (CAT), Guwahati, vide O.A. No. 040/375/2019 seeking a direction to treat his appointment as promotion and not deputation. He was strengthened to file such an application on the basis of a favourable report given by the Presiding Officer of the DRT, Guwahati.

The Tribunal, considering the recommendation of the Presiding Officer, DRT, Guwahati, allowed the Original Application filed by the pet