Placement of a deputationist in a grade commensurate with total experience (including parent department service) constitutes proper equivalence rather than promotion and cannot be denied based on deputation status if supported by the Promoter's Agreement.

JUDGMENT

1. The petitioner in the instant petition, filed under Article 226 of the Constitution, has implored for the following reliefs:

a) “An appropriate writ, order or direction in the nature of writ of certiorari quashing order in the shape of communication No.CVPPPL/HR/2022-23/1124 dated 14.08.2023 issued by respondent No.4 whereby the representations filed by the petitioner regarding determination of equivalent post (re-designation) of the petitioner from Dy. Manager to Manager, have been rejected.

b) An appropriate writ, order or direction in the nature of writ of certiorari quashing inter office Memo IOM No. CVPPPL/CO/HR/2O2O-21/3822 dated 12.10.2020 issued by respondent No. 3 whereby the representation dated 04.09.2020 regarding determination of equivalent post (re-designation) of the petitioner from Dy. Manager to Manager, has been rejected.

c) An appropriate writ, order or direction in the nature of writ of certiorari quashing communication dated 05.11.2024 whereby the claims of the petitioner have been rejected.

d) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to promote the petitioner as Manager w.e.f 30th July, 2020 when he completed experience of 08 years as Assistant Executive Engineer and grant him all benefits including monetary benefits till date along with interest.

e) An appropriate writ, order or direction in the nature of writ of mandamus commanding the respondents to consider and promote the petitioner from Salary/Grade E-5 (Manager) to E-6 (Sr. Manager) in view of completion of three years’ service by the petitioner on 30th July, 2023 with all retrospective consequential benefits.

f) Any other relief, which this Hon’ble Court, in the facts and circumstances of the case deems fit and proper.”

2. The facts, under the shade and cover of which the instant petition has been filed, are that the petitioner while serving as Incharge Assistant Executive Engineer (Degree Holder), in the Power Development Department, Survey Division, Jammu and after having rendered four years of service as such came to be transferred to respondent No.1-Company (hereinafter for short “CVPPL”) being a joint enterprise of Government of India and Government of Jammu and Kashmir, vide Government Order No.171-PDD of 2016 dated 06.10.2016.

3. It is being next stated that as per the rules in vogue in CVPPL, an employee of the rank of Assistant Executive Engineer (Degree Holder) sent on deputation from Power Development Department is entitled to be posted in Grade-E3, if such an employee is having experience of four years and in Grade-E4, if such employee has an experience of eight years as such.

4. It is being further stated that since the petitioner was holding the post of Incharge Assistant Executive Engineer with effect from 30.07.2012 while serving in the PDD and had joined the CVPPL when he had four years of experience to his credit, as such, was posted as Assistant Manager (Electrical) in Grade-E3 in terms of order dated 18.01.2017 issued in continuation of order dated 13.12.2016, consequent to which the petitioner exercised his option to opt for CVPPL pay scale and allowances, being 27100-3%-540500, besides entitled to draw Dearness Allowance on IDA pattern as per the applicable rates plus Cafeteria Allowance subject to a maximum of 47% of basic pay HRA and other admissible allowances and, in lieu thereof, the allowances, which the petitioner was drawing