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
- 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.
- 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).
- Whether the respondent was entitled to parity with three officers who had been given the benefit.
Provisions considered
- Schedule (promotion to Deputy General Manager (Technical)) and Regulation 12(2), National Highways Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996The Schedule requires at least four years on the post of Manager (Technical) for promotion. The Court held that the respondent's service had to be counted afresh from his direct recruitment appointment, so he had not completed four years when promotions were considered in 2017. (¶¶ 5, 14, 24, 27)
- Clause 6, NHAI Circular dated 22.05.2017Clause 6 treats deputation service on the post of Manager (Technical) as regular service for promotion. The Court read its object as removing the distinction between deputationists and regular Managers working in NHAI, as a one-time measure, and held it did not extend to a person who had been repatriated before it came into effect and later re-entered as a fresh recruit; that re-entry was not 'absorption'. (¶¶ 5, 21, 22, 23, 24, 28)
- Decision (c), Minutes of NHAI Executive Committee meeting held on 12.10.2017The decision allowed deputation service, including periods of absence for administrative formalities such as technical resignation or retirement, to count for eligibility. The Court held that 'etc.' in that phrase could not cover permanent repatriation to the parent department. (¶¶ 6, 25, 26)
Held
- Clause 6 of the Circular was a one-time measure meant to remove the difference between officers working on deputation as Manager (Technical) and those working regularly on that post in NHAI; it benefited persons in NHAI's service on the date of consideration who had completed four years on the post. (¶¶ 21, 24, 27)
- A deputationist who was repatriated to his parent department and joined NHAI more than a year later through direct recruitment is a fresh entrant; the earlier deputation came to an end on repatriation, the later appointment is not 'absorption', and his qualifying service runs only from the date of the new appointment. (¶¶ 23, 24, 28)
- The saving in the Executive Committee decision for periods of absence spent on administrative formalities, such as technical resignation or retirement, does not extend to permanent repatriation to the parent department; reading it otherwise would let anyone who had worked four years with NHAI at any time, despite gaps, claim the benefit. (¶¶ 25, 26)
- Past service can be counted only where the rules permit or a special situation exists; as the respondent's case was covered neither by the Circular nor by the Executive Committee decision, he could not claim parity with three officers who were serving in NHAI on the date of consideration. (¶¶ 24, 27)
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.