W.P.(C)--3924/2012. Case: NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. SH. G.S.V.S.PRABHAKAR RAO. High Court of Delhi (India)
| Case Number | W.P.(C)--3924/2012 |
| Citation | NA |
| Judgement Date | November 11, 2014 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 14.10.2014
Judgment delivered on: 11.1
% W.P.(C) 3923/2012
NATIONAL HIGHWAYS AUTHORITY OF INDIA
..... Petitioner Through: Mr. P.P. Khuruna, Senior with Mr. Mukesh Kumar, Advocate
versus
A.S. DIVYENDER
..... Respondent Through: Mr. S.K. Gupta, Advocate.
W.P.(C) 3924/2012
NATIONAL HIGHWAYS AUTHORITY OF INDIA
..... Petitioner Through: Mr. P.P. Khuruna, Senior with Mr. Mukesh Kumar, Advocate
versus
SH. G.S.V.S. PRABHAKAR RAO
..... Respondent Through: Mr. S.K. Gupta, Advocate.
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE VIPIN SANGHI
W.P. (C) No. 3923/2012 & W.P. (C) No. 3924/2012 Page
VIPIN SANGHI, J.
The present Writ Petitions have been preferred by National Highways
Of India (NHAI/ petitioner authority) under Article 226 of the Constitution of India to assail the common order dated 06.03.2012 passed in
No. 3280/2011 & OA No. 3281/2011 by Central Administrative
Principal Bench, Delhi (CAT/ Tribunal), whereby the Tribunal allowed the applications of the respondents with a direction to the petitioner to consider the absorption of the respondents on the post of (F&A), and further directed that if, in that consideration, they are regular appointment, the petitioner authority shall also consider them for the next higher post of DGM(F&A).
Before considering the pleas and contentions of the learned Counsel for the parties, the relevant facts in the two petitions may be taken note of:
W.P.(C) 3924/2012
In 1987, the respondent Mr. G.S.V.S. Prabhakar Rao joined Cement of India (CCI) as an Accountant. Thereafter, in 1996, the
respondent was promoted to the post of Accounts Officer.
In 2001, the petitioner authority published an advertisement for recruitment to the post of Accounts Officer on deputation basis, which inter-stipulated that the candidates initially appointed on deputation basis will considered on absorption later on in accordance with policies and their
W.P. (C) No. 3923/2012 & W.P. (C) No. 3924/2012 Page 2 of 15
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The respondent applied for the aforesaid post and on being suitable, he was offered the aforesaid post. The respondent got relieved from his parent department/ CCI on 02.07.2001. On 11.07.2001, the joined the petitioner authority.
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In February, 2002, the Chairman-CCI, vide letter dated requested the petitioner authority to consider absorption of the employees of CCI, who were on deputation with petitioner authority, in view of the that CCI was declared a sick PSE.
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Subsequently, the respondent was recruited to the post of Accounts Officer, through an open advertisement, on deputation
29.07.2002. In August, 2002, the petitioner authority invited applications for the post of Manager (F&A) on deputation/ absorption basis through an open advertisement. The respondent applied for the aforesaid post and recruited for the post of Manager (F&A) on deputation w.e.f. 07.03.2003.
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In June, 2003, CCI – the respondent’s parent organization,
a Voluntary Retirement Scheme (VRS) vide letter dated 10.02.2003. respondent opted for the aforesaid scheme and, consequently, he relieved from his parent organization. This communication was sent to CCI through the petitioner NHAI. The respondent, in this communication, referred to his earlier communication and requested that he absorbed NHAI.
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In October, 2003, the petitioner authority appointed the respondent Manager (F&A) on contract basis, vide letter dated 07.10.2003
17.07.2003 for a period of two years. The respondent submitted
W.P. (C) No. 3923/2012 & W.P. (C) No. 3924/2012 Page
representation dated 14.08.2005 to the Chairman, NHAI, for his absorption
Manager (F&A). However, instead of considering the respondent for absorption, the petitioner authority extended the contract for a further period of two years vide letter dated 30.12.2006.
Subsequently, in December, 2006, petitioner authority invited for the post of Deputy General Manager (F&A) on deputation,
which the respondent applied. The respondent also made several representations dated 30.12.2006, 21.04.207 and 31.05.2007 for being for the post of Deputy General Manager (F&A). However, he informed vide letter dated 12.06.2007 that he was not eligible for consideration on the aforesaid post.
In February, 2008, the petitioner authority invited objections from the officials regarding amendments to the regulations to facilitate and direct recruitment. The respondent filed his objections vide
letter dated 22.02.2008. However, no decision was taken.
On 25.07.2008, the respondent again submitted his application as an candidate for the post of Deputy General Manager (F&A) and also
a representation for considering him for promotion. In December, he again applied for the aforesaid post by direct recruitment through lateral entry and also represented for the same, but to no avail.
W.P.(C) 3923/2012
In 1988, the respondent Mr. A.S. Divyender joined Pyrites,
& Chemicals Ltd. (PPCL). He was promoted to the post of
W.P. (C) No. 3923/2012 & W.P. (C) No. 3924/2012 Page 4 of 15
Accounts Officer and thereafter as Assistant Manager in the year 1992 1995 respectively.
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On 03.01.2001, the petitioner authority advertised for vacancies the post of Manager (F&A). The respondent was recruited and appointed the aforesaid post in the petitioner authority on deputation basis vide...
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