OA-2683/2013 and MA-2391/2013. Case: Sh. Ashok Kumar Gupta Vs National Highways Authority of India and Sh. M.P.S. Rana, General Manager (Tech.), National Highways Authority of India. Central Administrative Tribunal

Case NumberOA-2683/2013 and MA-2391/2013
CounselFor Appellant: Sh. S.K. Gupta, Advocate and For Respondents: Sh. P.P. Khurana, Sr. Advocate, Sh. Mukesh Kumar, Advocate and Ms. Nisha Srivastava, DGM (HR-III) NHAI, Departmental Representative
JudgesG. George Paracken, Member (J) and Shekhar Agarwal, Member (A)
IssueConstitution of India - Articles 14, 16, 21
Judgement DateNovember 06, 2013
CourtCentral Administrative Tribunal

Order:

Shekhar Agarwal, Member (A)

1. Following relief has been sought in this case:-

(a) Call for the original file(s)/record(s) of the respondents dealing with the appointment of the applicant in the post of Deputy General manager (Tech), consideration for his absorption/continuation and also the file dealing with the appointment in the grade of Deputy General Manager (Tech);

(b) Declare Office Order No. NHAI/Tech/OR/Misc/2013 dated 29.07.2013 (Annexure-A Impugned) and Office Order No. NHAI/Tech/OR/Misc/2013 dated 29.7.2013 (Annexure-A-1 Impugned) as illegal, arbitrary and discriminatory and consequently quash the same;

(c) Declare the action of the respondents in not absorbing the applicant in the post of Deputy General Manager (Technical) in spite of his fulfilling the eligibility criteria therefor and his case strongly recommended by his controlling officer;

(d) Declare that the applicant is entitled for absorption under the respondents in the post of Deputy General Manager (Technical) with all consequential benefits.

(e) Award cost of this application and proceedings against the Respondents and favour of the applicant.

(f) May also pass further order(s) as be deemed just and proper to meet the ends of justice.

Brief facts of the case are that the applicant was an officer of Public Works Department of Rajasthan where he had joined as Assistant Engineer on 26.09.1991. He got promoted to the post of Executive Engineer in February, 2007. In March-April, 2007 he applied for the post of Dy. General Manager (DGM) (Tech.) on deputation basis under the respondents. On being found eligible the applicant was appointed as DGM (Tech.) on 30.04.2007. The applicant had also applied for appointment as DGM (Tech.) through lateral entry in 2008 as well in response to a Circular issued by the respondents. However, the said selection process according to the applicant was never completed and the respondents did not disclose any reasons for the same. The contention of the applicant is that he has been discharging his duties to the best of his abilities and to the entire satisfaction of his superiors. In May, 2012 he had even got an appreciation letter from the Chairman, NHAI which is available in the paper-book as Annexure A-16. In November, 2012 the respondents invited applications from suitable officers of the rank of DGM working on deputation and willing to get absorbed in NHAI. The applicant applied for the same but came to know in April, 2013 that his case has not been recommended for absorption by the Screening Committee. Thereafter, the respondents again invited applications vide their Circular dated 18.04.2013 from the officers of DGM rank working on deputation with NHAI for absorption therein. The applicant again applied for the same but came to know in July, 2013 that he has again not been selected for absorption. Meanwhile, the respondents vide letter dated 10.04.2013 declined extending the deputation period of the applicant. At the same time, the parent department of the applicant i.e. PWD Rajasthan was also pressing for repatriation of all the officers who were on deputation to NHAI and who had completed 4 years or more on deputation. In these circumstances, the applicant was relieved from NHAI with immediate effect vide order dated 29.07.2013. He was sanctioned two months leave w.e.f. that date and also given one months salary on our directions given in this O.A. on 21.08.2013 while considering the applicants prayer for grant of interim relief. The applicant is aggrieved by rejection of his case for absorption in NHAI by the Selection Committee and has challenged the same by means of this O.A.

2. The contention of the applicant is that the respondents have not considered the case of the applicant for his absorption in NHAI in a just and fair manner. According to him, the orders of the respondents are in violation of Articles 14, 16 and 21 of the Constitution and against the principles of legitimate expectation. His contention is that his claim is squarely covered by the order of this Tribunal dated 29.10.2007 in TA-4/2007 (G. Suresh Vs. NHAI). He has also relied on the ruling of Hon'ble Supreme Court in the case of...

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