National Highway Authority Of India Vs G Athipathi 2024 INSC 943 - Service Law

Service Law - CAT allowed the Original Application filed by the respondent and directed the appellant to count the respondent’s deputation service period from 21.05.2008 to 13.06.2014 for promotion to the post of Deputy General Manager (Technical) and to promote him as Deputy General Manager (Technical) with effect from 27.10.2017 with all consequential benefits. The appellant was further directed to consider his case for promotion to the post of General Manager (Technical) as per rules.case, respondent no.1 was absent from the service of the appellant not for any of the above specific purposes, but on a permanent basis i.e., being sent back to his parent department - Allowing appeal, SC observed: Unfortunately, to our mind, the ‘etc.’ in ‘fulfilling administrative formalities e.g. submission/ acceptance of technical resignation / retirement etc’ would not cover situation of respondent no.1. Obviously, respondent no.1 cannot take advantage of a saving provision for such deputationists who, for some period, had to go back but for the purposes of returning to the appellant, which have been incorporated in the Minutes supra.decision taken by the appellant not to grant promotion to the respondent no.1 needs to be upheld.