NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. P. SIVASHANKAR

JUDGEMENT

(1.) ISSUE notice. Learned counsel for the respondents accepts notice.

(2.) THE petitioner/NHAI is aggrieved by an order of the Central Administrative Tribunal (CAT/ Tribunal) dated 22.08.2014 in O.A. No. 2795/2014. The question urged before the CAT was with regard to proper sequencing of entry of personnel through different channels, i.e. direct recruitment/deputation on the one hand, and promotion on the other hand within the organisation, in the cadre of DGM (Technical).

(3.) THE position, vis -a -vis the total cadre strength of DGM (Technical) is 193. In terms of Regulation 13(3), consequently, the direct recruit/deputation channel cannot exceed 50% sanctioned posts. On 15.03.2013, 30 posts were advertised to be filled by the NHAI on direct recruitment/deputation basis. It is further not in dispute that at that point of time, 84 deputationists were in the cadre of DGM (Technical). In addition, 10 deputationists had been absorbed and were deemed to be part of the regular cadre, in the 50% quota falling to the share of direct recruit/lateral entry candidates. The respondent/applicants complained that the advertisement was likely to adversely affect their chances for promotion. The said applicants were holding positions in the cadre below Manager (Technical) on absorption basis. The same constitutes the feeder cadre for promotion to the post of DGM (Tech).