LALIT NARAYAN Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Cm Nos. 31340-41/2018 (exemptions)

(2.) The appellant herein had joined the respondent in the Department of Occupational Therapist in the year 1995. He was promoted from time to time and lastly promoted in the year 2014 as a Lecturer (Occupational Therapist). An advertisement was published on 2nd to 08th August, 2014 for one post of Deputy Director (Admn.) on direct recruitment / deputation basis. It is the case of the appellant that since he was working with the institute, he applied for the post under the category of "direct recruitment". He submits that not only was his understanding that he made an application under the "direct recruitment" but this was also the understanding of the respondent which is evident from reading the following documents:-

(3.) Learned counsel for the appellant further submits that no doubt the offer of appointment was made on 06.08.2015 whereby the appointment was on deputation basis which was accepted by him but under protest and a protest letter was issued on the same date, copy whereof has also been placed on record. Counsel has further submitted that post his protests, the relevant file notings, copies whereof has been placed on record, would also indicate that the case of the appellant was being considered favourably and approval was being sought from the competent authority for correction of the appointment letter from deputation to direct recruit. Counsel further submits that the appellant could not be sent on deputation to his own department which is unheard of in service jurisprudence and for this proposition he has drawn the attention of this Court to ground F of his appeal which we reproduce below:-