Excelsior Correspondent
Srinagar, Jan 9: Holding that deputation does not bar an employee to claim for equivalent designation in the borrowing department on account of experience gained in the parent department, the High Court has directed to accord consideration to the claim of the employee.
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Justice Javed Iqbal Wani said the stand that a deputationist can’t seek equivalent designation in the borrowing department is unfair, unreasonable, and discriminatory. The brief facts, case are that the petitioner-Rishi Kumar while serving as Incharge Assistant Executive Engineer (Degree Holder), in the Power Development Department, Survey Division, Jammu and after having rendered four years of service as such came to be transferred to Chenab Valley Power Projects Ltd (CVPPL) being a joint enterprise of Government of India and Government of Jammu and Kashmir, vide Government Order No.171-PDD of 2016 dated 06.10.2016.
He contended that he had completed four years of service as Assistant Executive Engineer at the time of deputation in parent department viz State Power Development Corporation and was offered the designation of Assistant Manager, later re-designated as Deputy Manager pursuant to an order dated 03.01.2019. After completing eight years of service as a Degree Holder Assistant Executive Engineer in July 2020, he became entitled to be placed as Manager, in terms of the same order dated 03.01.2019.
However, his claim for the post of Manager has been rejected on the ground that he was a deputationist as such cannot claim for equivalent designation in the borrowing department and on deputation any benefits relating to grade or designation could only be claimed under the service rules applicable in his parent department.
The court, however, refused to entertain this contention of the authorities and has held that neither the Promoters’ Agreement nor the order dated 03.01.2019 excluded experience acquired in the parent department from being counted for determining equivalent designation in CVPPL.
“Placement of a deputationist in an appropriate grade and designation based on experience does not amount to promotion, but constitutes proper placement commensurate with experience”, the court said.
It added that stand of the borrowing department that a deputationist cannot seek equivalent designation in the borrowing department is misconceived, palpably erroneous, unfair, unreasonable, and discriminatory.
“The differential treatment accorded to the petitioner vis-à-vis a similarly placed officer was impermissible in law”, the court said and allowed the petition moved by the aggrieved employee and quashed the impugned communication dated 14.08.2023 and Office Memorandum dated 12.10.2020 whereby his claim was rejected.
The court added that the ground of rejection urged by CVPPL qua the claim of petitioner that he is on deputation and that any benefit relating to his placement in a particular grade with designation in CVPPL is unavailable to him and can be claimed only under the relevant service rules and Civil Service Regulations applicable to him in his parent department, seemingly is misconceived and palpably erroneous.
“Neither the service rules nor the Civil Service Regulations create any impediment to an employee seeking the benefit of an equivalent designation and grade in the borrowing department and in the instant case, such entitlement is further reinforced by the existence of the Promoters’ Agreement”, read the judgment
The court directed the MD of CVPPL to accord effective consideration to the case of petitioner for his re-designation in Grade-E5 (Manager) with effect from 30.07.2020 for having acquired the experience of 8 years as Assistant Executive Engineer (Degree Holder) and extend him all benefits including the monetary benefits to which he became entitled thereto and also consider the case of petitioner for further re-designation as Senior Manager in Grade-E6 for having completed three years of service as such on 30.07.2023 in case the petitioner has the requisite experience thereof.
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