AAKASH DEEP Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THE appellant filed a petition under Article 226 of the Constitution of India seeking the relief to quash the advertisement issued by respondent no.2/Delhi Electricity Regulatory Commission (DERC) inviting applications for appointment to the post of Executive Director (Law) and additionally for quashing the order dated November 11, 2014 passed by respondent No.2 putting on hold the appointment of the appellant to the post of ED (Law) in the respondent No.2. The subsequent order dated November 26, 2014 passed by respondent No.2 was also challenged by the appellant, as per which order the offer to the appellant for appointment to the post of ED (Law) made by the respondent No.2 by letter dated September 30, 014 was withdrawn and cancelled.

(2.) THE central issue of debate between the parties was whether the appellant had completed 7 years period of deputation outside his parent cadre : Department of Posts. For the reason if the appellant had completed 7 years period of deputation, he had to serve in his parent department for at least 3 years before being eligible to be considered to be appointed outside the department to a post as a deputationist. The appellant had by way of Annexure P -12 tabulated the service rendered by him effective from July 01, 2005 till when the writ petition was filed and had also indicated further information regarding his possible postings in TDSAT. The chart reads as under: -

(3.) PARA 17.07 of the Central Staffing Scheme was claimed by the appellant to be relevant and applicable to determine as to in what manner the seven year period of deputation had to be computed. The para reads as under: -