SAKTI PRASAD DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, by way of this writ petition, seeks to quash the advertisement under Annexure-11, by which the Ministry of Social Justice and Empowerment, Department of Empowerment of Persons with Disabilities has invited applications for the post of Director, Swami Vivekananda National Institute for Rehabilitation, Training and Research (SVNIRTAR), Cuttack, an autonomous body, and to issue direction to the opposite parties to allow the petitioner to continue in the post of Director, SVNIRTAR, Cuttack for a total period of seven years from his initial date of appointment, i.e. 27/1/2016.

(2.) The factual matrix of the case, in a nutshell, is that SVNIRTAR, Cuttack is an autonomous body under the administrative control of the Department of Empowerment of Persons with Disabilities, Ministry of Societal Justice and Empowerment, Government of India, which has been formed for rehabilitation of physically handicapped and for research and training in the said field.

(3.) The petitioner was appointed as an Assistant Professor/General Duty Medical Officer (PMR), SVNIRTAR, Cuttack on 18/1/1995 by following due procedure of selection, pursuant to an advertisement. While the petitioner was so continuing, pursuant to an office memorandum dtd. 8/1/2016, he was selected and appointed on deputation to the post of Director initially for a period of 3 years. On 27/1/2016, after accepting the terms and conditions, he was appointed as the Director, SVNIRTAR. Thereafter, his deputation period was extended on 10/12/2018 for a further period of 2 years, i.e. total period of deputation of the petitioner to the post of Director was made to be 5 years, instead of 3 years. Since the period of deputation was going to over on 27/1/2021, the petitioner wrote a letter to opposite party no.1 on 7/10/2020 stating inter alia that as per the DOPT Office Memorandum dtd. 17/2/2016, the deputation period for government employees has been revised to the maximum period of 7 years instead of 5 years, therefore, his period of deputation may be extended to 7 years in accordance with the aforesaid office memorandum. While the representation of the petitioner was pending, since the period of deputation of 5 years was going to complete on 27/1/2021, opposite party no.1 issued an order on 21/1/2021 allowing the petitioner to continue to function as Officiating Director, SVNIRTAR with effect from 28/1/2021 till appointment of a regular Director or till further orders, whichever is earlier. But, without considering the extension of deputation period of the petitioner till completion of 7 years, as per the office memorandum dtd. 17/2/2016, a fresh advertisement was issued for recruitment of regular Director of SVNIRTAR, Cuttack by the opposite party no.1 under Annexure-11. Hence this writ petition.