Mere Initiation of a Process of Absorption Wouldn’t Give a Vested Right to Deputationist to Claim Permanent Absorption | HC

Case Details: Nasreen Bano Siddiqui v. Union of India - [2023] 153 taxmann.com 192 (HC-Delhi)

Judiciary and Counsel Details

• • Ms Jyoti Singh
  • Shanker Raju, Nilansh Gaur, Ms Anubha Bhardwaj & Rajesh Sachdeva, Advs. for the Petitioner.
  • Chetan Sharma, Addl. Solicitor General, Apoorv Kurup, Central Government Standing Counsel, Amit Gupta, Ojaswa Pathak & Vikramaditya Singh, Advs. for the Petitioner.

Facts of the Case

In the instant case, the petitioner was appointed on deputation as an Assistant Registrar, NCLT by an order dated 5-3-2018 for a period of one year, which was extended up to 1-4-2022.

While the petitioner was working on deputation, options were invited vide O.M. dated 21-12-2020 for appointment on a permanent absorption basis in the NCLT to the post of Assistant Registrar. The petitioner gave her the option and her parent department also sent NOC.

The process of permanent absorption reached the stage of appointing a member of the Departmental Promotion Committee (DPC) but rested at that stage. Subsequently, the petitioner was repatriated to her parent department and stood relieved from the NCLT with effect from 1-4-2022.

The petitioner challenged the inaction of respondents in not convening and finalizing the ‘DPC’ for selection on absorption to the post of Assistant Registrar, NCLT. Later, the petitioner contended that it was not open to respondents to terminate and abandon the process mid-way as the petitioner had a right of consideration for absorption.

High Court Held

The High Court observed that no candidate has a right to insist that all or any vacancies, that are lying unfilled, must be filled and the employer must necessarily initiate the process of appointment or adopt a particular mode of appointment from among modes provided in respective recruitment rules.

Further, it is purely the domain of the executive as a matter of policy decision to decide which and how many vacancies to fill as also mode of recruitment albeit mode must form part of Recruitment Rules/Regulations in question for appointment to a particular post.

The High Court held that a deputationist has no right to either continue on deputation or to claim permanent absorption in the borrowing department. The initiation of the process of permanent absorption does not grant a vested right to the petitioner to seek a mandamus to respondents to convene a DPC.

Especially when the respondents consciously decided to terminate the process of permanent absorption and resort to deputation as a mode of appointment to the post of Assistant Registrar, as stipulated in rule 10 of the NCLT (Recruitment, Salary and Other Terms and Conditions of Service of Officers and Other Employees) Rules, 2020.

List of Cases Referred to

• • Rameshwar Prasad v. Managing Director, U.P. Rajkiya Nirman Nigam Ltd. [1999] 8 SCC 381 (para 9)
  • Employees State Insurance Corporation v. Dr. Vinay Kumar 2022 SCC Online SC 699 (para 13)
  • Shankarsan Dash v. Union of India [1991] 3 SCC 47 (para 13)
  • State of Andhra Pradesh v. V. Sadanandam 1989 Supp (1) SCC 574, (para 17)
  • U.P. Bhumi Sudhar Nigam Ltd. v. Shiv Narain Gupta 1994 Supp (2) SCC 541 (para 18)
  • State of Haryana v. Subash Chander Marwaha [1974] 3 SCC 220 (para 18)
  • Sabita Prasad Babita v. State of Bihar [1993] Supp (3) SCC 268 (para 19)
  • Kunal Nanda v. Union of India [2000] 5 SCC 362 (para 22)
  • Pawan Kumar v. Union of India 2018 SCC Online Del 12615. (para 22).