SURJIT ANGRA Vs. A I C T E

JUDGEMENT

(1.) The petitioner has filed this writ petition against the respondents seeking directions to respondent No.1 to absorb him permanently in the post of Director retrospectively from the date of his initial appointment. The petitioner has also prayed that his deputation period should be extended till he is permanently absorbed in the service of All India Council of Technical Education (Respondent No.1 herein).

(2.) Mr. A.S. Chandhiok, Sr. Advocate is present on behalf of respondent No.1 and he has been heard in the matter. The petitioner was appointed as Director in respondent No.1 organization on deputation basis. He was initially appointed on deputation for a period of one year vide appointment letter dated 24.08.2005 at page 34 of the paper book. His deputation was extended from time to time, at a time for six months and last such extension granted to him is to expire on 26.09.2008. The extension letters by which deputation of the petitioner was extended are at pages 37-39 of the paper book. The petitioner was brought as Director in respondent No.1 organization on deputation basis making it absolutely clear to him that his deputation would not be extended beyond three years.

(3.) The claim made by the petitioner for his permanent absorption to the post of Director in respondent No.1 organization is not tenable in view of rules and regulations of respondent No.1 for appointment to the post of Director. Admittedly, the post of Director in respondent No.1 organization is not meant to be filled up through direct recruitment. This post is always manned by a deputationist. Mr. Sengh, learned senior counsel appearing on behalf of the petitioner has relied upon the Government instructions/guidelines contained in the Swami's compilation, according to which the tenure of the deputationist can extend up to five years. Mr. Sengh has also relied upon the Government instructions (Annexure P-13 at page 156 of the paper book) to contend that as per instructions of the Government the deputationist are to be brought only on immediate absorption basis.