VidhiSangh

Supreme Court of India · 09/12/2024

NATIONAL HIGHWAY AUTHORITY OF INDIA versus G ATHIPATHI AND OTHERS

[2024] 12 S.C.R. 520 · 2024 INSC 943

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Summary

The Supreme Court held that an engineer who served the National Highways Authority of India on deputation, was repatriated to his State department, and re-entered more than a year later as a direct recruit Manager (Technical), could not count his earlier deputation service towards the four-year eligibility for promotion to Deputy General Manager (Technical). The one-time benefit in the 2017 Circular and Executive Committee decision covered officers in NHAI's service, not a fresh entrant after a complete break.

Issues

  1. What the eligibility criteria were for the one-time promotion to Deputy General Manager (Technical) under Clause 6 of the NHAI Circular of 2017 and the Executive Committee decision recorded in the Minutes dated 20.10.2017.
  2. Whether a former deputationist, repatriated to his parent department and later appointed afresh by direct recruitment, could count his earlier deputation service towards the four years required on the post of Manager (Technical).
  3. Whether the respondent was entitled to parity with three officers who had been given the benefit.

Provisions considered

Held

Result

Appeal allowed; the High Court's order and the CAT's order set aside and the respondent's Original Application dismissed. He is to be considered for promotion under the Regulations and the Circular, with all service benefits, including pension, reckoned from 26.08.2015 as his date of entry; no recovery of any excess payment already made; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 520.