RAM BABU JHA ..... Petitioner Through Mr.S.K.Gupta, Adv. v. UNION OF INDIA AND ANR .....

1. This petition has been filed by the petitioner challenging the order dated 14.06.2021 passed by the learned Central Administrative Tribunal, Principal Bench (hereinafter referred to as the ‘CAT’) in O.A. No.897/2021 dismissing the said O.A. of the petitioner, however, allowing the petitioner herein, who was the petitioner in the O.A. as well, to pursue his remedies to go back to his parent organization that is the State of Arunachal Pradesh, in case he so desires, while directing the National Highway Authority of India (NHAI), respondent no. 2 herein, to extend all its cooperation for the same.

2. The petitioner was working as an Extension Officer in the pay scale of Rs.2000-3500/- (revised) Rs.8000-13500/- in the Rural Development Department, Government of Arunachal Pradesh. Pursuant to an Advertisement in the year 2011 issued by the respondent no.2, the petitioner vide letter dated 30.01.2015 was appointed to the post of Manager (Technical) by the respondent no.2 on deputation basis with effect from 09.02.2015. Later, pursuant to the circular dated 18.08.2017 and vide letter dated 12.09.2018 issued by the respondent no.2, the petitioner was offered appointment on absorption basis to the said post with effect from 10.10.2018.

3. By an Office Memorandum dated 01.03.2021, the respondent no.2, however, observed that in view of petitioner’s Engineering degree obtained from JRN Rajasthan Vidyapeeth being declared invalid by the Supreme Court in its judgment dated 03.11.2017 passed in Civil Appeal Nos.17869-17870/2017, Orissa Lift Irrigation Corporation Ltd. vs. Rabi Sankar Patro & Ors., the petitioner be offered the post of Technical Assistant in the respondent no.2 in pay scale-6 without recovery of any monetary advantages earned till date. It was this Office Memorandum that was challenged by the petitioner in the above-mentioned O.A. No.897/2021 before the learned CAT.

4. The learned counsel for the petitioner submits that the learned CAT has erred in observing that in terms of the National Highway Authority of India (Recruitment, Seniority and Promotion) Regulations, 1996, (hereinafter referred to as the ‘Recruitment Regulations’) while the method of appointment of the post is by way of promotion, deputation or transfer, it is essential that a candidate must hold a B.Tech (Civil) degree. The learned counsel for the petitioner submits that the degree in Civil Engineering is required and is essential only where the candidate is on the panel of Under Secretary in the Government of India. For a candidate holding analogous post in a Central/State Government Department/Autonomous Body/Public Sector Undertaking or for a candidate with 3 years regular service in the pay scale of Rs.2200- 4000/- or 6 years in pay scale of Rs.2000-3500/-, the requirement of possessing a degree in Civil Engineering is not essential.

5. He further submits that as the petitioner had been appointed to the post of Manager (Technical) in level-11 by the respondent no.2 on the basis of him holding an analogous post in the State Government Department and his experience in the required pay scale, the possession of a degree in Civil Engineering was not an essential requirement/qualification for the petitioner and accordingly the cancellation of his degree in terms of the above referred judgment of the Supreme Court had no effect on his appointment or absorption to the post of Manager (Technical).

6. He further submits that in terms of Regulation 13 of the Recruitment Regulations, an officer who fulfils the prescribed qualification and eligibility criteria for the post at the time of appointment on deputation is entitled to be considered for permanent absorption. He submits that as the requirement of possessing a degree in Civil Engineering was not essential for the petitioner, the petitioner was rightly considered for absorption and duly absorbed as Manager (Technical) by the respondent no.2.

7. We have considered the submissions made by the learned counsel for the petitioner, however, find no merit in the same.

8. The relevant Recruitment Rules for the post of Manager (Technical) in the respondent no.2 is as under: “Educational Qualification: Essential:

(i) Degree in Civil Engineering from a reputed Institution of Technology or a recognized University. Desirable: Post Graduate Degree in Civil Engineering in the field's relating to Highway Engineering and/or Post Graduate Degree in Management/MBA from an Institute of repute. Experience: Should have put in at least 3 years service in a responsible senior position in a Govt. Deptt/Public Sector Undertaking/ Commercial Organization of repute and should be working in an analogous post or the post next below or equivalent for at least 3 years. Desirable: Should be well versed in the field of Highway/Bridge Engineering dealing with Planning, Pre-qualification of Consultants and Contractors, Financial Appraisal of Projects, Detailed Designing, Techno-financial reviews, Evaluation of Tenders Contract Management, Monitoring Liaison with major construction agencies/Govt. Bodies; Performance Appraisal of Major Highways/Bridge Projects. Method of Recruitment: By deputation/transfer from candidates already on the panel of Under Secy. In the Govt. of India and possessing the Educational qualifications stipulated in Col. 7 or from candidates holding analogous post in a Central/State Govt. Deptt./Autonomous Body/Public Sector Undertaking or with 3 years regular service in the scale of Rs.2200- 4000 or 6 years in the scale of Rs.2000-3500. Period of Deputation: Not more than 3 years but may be extended with the approval of Central Govt.”

9. The respondent no.2, in its counter affidavit filed before the learned CAT, had pleaded as under:

10. A reading of the above would clearly show that the minimum educational qualification required for appointment to the post of Manager (Technical) on deputation basis was the degree in Civil Engineering. The petitioner, in its rejoinder filed before the learned CAT, did not refute the above assertion of the respondent no.2.

11. Regulation 13(1) of the Recruitment Regulations prescribes as under: