VidhiSangh

Supreme Court of India · 29/01/2020

SHRIPAL BHATI AND ANR. versus STATE OF U.P. AND ORS.

[2020] 1 S.C.R. 542 · 2020 INSC 102

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Summary

The Supreme Court upheld a Project Engineer’s deputation and absorption in NOIDA. Reading the service regulations as a whole preserved deputation as a recruitment source; an unimplemented 2005 policy did not displace them. Although the deputationist was not a government servant, the separate electricity-board absorption regulations supported the arrangement. The challengers also lacked the requisite promotion experience at the relevant dates and had no actionable grievance.

Issues

  1. Whether NOIDA’s service regulations permitted recruitment by deputation and subsequent absorption notwithstanding promotion quotas and the proposed 2005 policy.
  2. Whether the appellants could challenge the appointment when they were ineligible for promotion at the relevant dates.

Provisions considered

Held

Result

Appeal dismissed, upholding the deputation and absorption. No order as to costs.

Judgment PDF: Supreme Court of India, [2020] 1 S.C.R. 542.