The Court disposed of the writ petition challenging the rejection of a request for one-year extension of deputation from Border Roads to NHAI, noting that the period sought had already expired. The Court vacated the interim order and directed the authorities to take appropriate decision regarding the petitioner's repatriation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.32173 of 2021
N. Harikrishna …. Petitioner Mr. Sarat Chandra Dash, Advocate
-versus-
Union of India and others …. Opposite Parties Mr. P.K. Parhi, DSGI along with Mr. S.S. Kashyap, CGC for O.P. Nos.1 to 4 Mr. Milan Kanungo, Senior Advocate alongwith Mr. Santosh Kumar Dwivedy, Advocate for O.P. Nos.5 & 6-NHAI
CORAM:
HON’BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. 09.
ORDER 05.09.2024
This matter is taken up through Hybrid Mode.
“In the aforesaid circumstances, it is humbly prayed that this Hon‟ble Court may graciously be pleased to admit this writ application and issue a Rule Nisi calling upon the Opp. Parties to show cause as to why this Writ Application shall not be allowed and
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if the Opp. Parties failed to show cause or show insufficient cause, the said Rule may be made absolute and on hearing the parties through their counsel and on calling for records from the Opp. Parties, this Hon‟ble Court be further pleased:
And for which act of kindness the petitioner as in duty bound shall ever pray.”
3.1. While working as Executive Engineer, on his exercise of option for deputation to the National Highways Authority of India (NHAI), Ministry of Road Transport & Highways, Govt. of India,
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being approved by the opposite party no.3 vide Office Order No.13422/Depu/EE/(Civ)/DGBR/64/E1A, dated 05.10.2018, the petitioner was relieved to enable him to join in NHAI with stipulation that the borrowing Department would maintain service documents andhe was permitted to join as DGM (T) at RO, Vijaywada, NHAI with effect from 31.10.2018 and again transferred to Vishakhapatnam. The petitioner was again transferred from PIU, Vishakhapatnam to newly reorganized NHAI at Berhampur, Ganjam, Odisha on 01.09.2020.
3.2. Since the petitioner had already served in highly remote sensitive Border Road area for about fourteen years, he requested for extension of period of deputation in order to facilitate completion of education of his child at Berhampur. 3.3. The Chief General Manager (Tech) [CGM (Tech)], Regional Office (RO), Odisha in consideration of such request vide Letter No.914, dated 24.03.2021 forwarded the representation to Member (Tech)-MS, NHAI, G-5 & 6, Sec-10, New Delhi. In consequence thereof, the NHAI, Head Quarter (HQ) requested the Director General, Border Roads, Seema Sadak Bhawan, Ring Road, New Delhi for extension of deputation period and vide Letter No.508 dated 22.06.2021, the NHAI has recommended for extension for 4th year, i.e ., upto 30.10.2022.
3.4. On 23.09.2021, the petitioner has sent request letter to the Director General (Border Roads), Headquarters, New Delhi with copy of the Joint Secretary, Ministry of Defence (BR Wing), New Delhi and the Deputy General Manager (HR/Admin)-II, NHAI HQ, New Delhi requesting to “ reconsider and issue the NOC to
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borrowed department (NHAI) for further extension of my deputation period of one year ”.
“9. That, the Petitioner, GO-3309F EE (Civ), N. Harikrishna was enrolled in GREF/BRO on 09 Jul 2004 in the post of Assistant Executive Engineer (Civil) in the Pay Level-10 through Engineering Service Examination through UPSC. The petitioner belongs to an
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Organised Engineering Service cadre named Border Roads Engineering Service („BRES‟). He was promoted to the rank of Executive Engineer (Civil) on 28 Oct, 2011 in the Pay Level-11. The Petitioner is presently on deputation with National Highways Authority of India (Herein after will be referred to as „NHAI‟) as per the sanction dated 05 Jul 2018 accorded by MoD (BR) for a period of three years with effect from 27 Oct, 2018 to 26 Oct, 2021. 46. That, in reply to para 20 of the writ petition the petitioner was allowed for deputation only for three years and he has been asked for repatriation only after completion of that period and NHAI has its discretion for deployment in various projects/locations and it has been seen that the applicant officers are always willing to serve anywhere NHAI deploys them on deputation. However, NHAI might have considered the request/convenience, if any of the petitioner, when deployed in various locations. The same may be verified from the records of NHAI.”
6.1. He submitted that the period of deputation, i.e ., three years had since been expired on 30.10.2021 and further extension sought for by the petitioner for another year has also been elapsed by efflux of time, the petitioner has no right to continue with the instant position and is required to be repatriated to his parent department. Therefore, this petition is liable to be dismissed as has been rendered infructuous.
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counter affidavit filed on behalf of opposite party nos.5 & 6, for convenience the said paragraphs are hereunder:“ 5. That, it is respectfully submitted that briefly stated that the offer of appointment in favour of the Petitioner vide letter No.NHAI/ROVJA/Estb./2018/1458 dated 20.06.2018 has been issued to Director General (Border Roads) requesting to relieve him (Shri. N Harikrishna) who has been provisionally selected for appointment to the post of Dy. General Manager (T) on deputation basis in NHAI initially for a period of 03 years which may be further extended or curtailed at the discretion of the Competent Authority. Shri N. Harikrishna, Executive Engineer (Civil) has joined NHAI as DGM (T) on deputation basis w.e.f., 31.10.2018 initially for a period of 3 years.
7. That, consequent upon receipt of willingness in terms of policy circular dated 08.07.2020 and with the approval of Competent Authority, the parent offices of the officers including DGBR has been requested to issue NOC for extension of deputation tenure vide letter dated 22.06.2021. In response to this office letter dated 22.06.2021, DGBR vide its letter dated 02.07.2021 has requested for repatriation of their BRO officers on their respective due dates in their organizational interest.
8. That, due to denial of NOC, with the approval of Competent Authority repatriation order dated 22.09.2021 has been issued by the NHAI. On receipt of the request from the officers, the DGBR vide letter dated 22.09.2021 has been requested to review the decision conveyed in its letter dated 02.07.2021 and grant NOC for extension of deputation tenure of Shri N. Harikrishna, Executive
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Engineer (Civil) presently on deputation to NHAI as DGM (T) for 01 years. “
7.1. He submitted that in obedience to the order dated 04.10.2021 of this Court in W.P.(C) No.31204 of 2021, the DGBR had intimated the NHAI not to relieve the petitioner from his present post. Referring to letter dated 23.09.2021 of the petitioner for extension of period of deputation for one year, he further submitted that the said period had already been overshot. Therefore, the interim order dated 11.10.2021 passed by this Court that “ the order dated 06.10.2021 passed by the Joint Director (Personnel)opposite party no.4 under Annexure-2 to the writ petition, shall not be given effect to till 10.11.2021” , as extended from time to time, is required to be vacated and appropriate order is to be passed.
“To The Director General (Border Roads), Headquarts, Dte. Gen Border Roads, Seema Sadak Bhawan, Ring Road, Delhi Cantt., New Delhi-10
Sub:NHAI-PIU-Berhampur-Shri Harikrishna N, Executive Engineer (Civil) working on Deputation with NHAI as DGM (Tech) & Project Director, PIU-Berhampur- Request for NOC for Extension of Deputation tenure-reg.
Sir,
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I (Harikrishna N) GO-3309F have been working as Project Director in NHAI on Deputation at newly reorganized Project implementation Unit for six months. My Deputation period of 3 years is going to be completed by 31-Oct-2021.
NHAI HQ vide Office Order No.11041/508/2020Admin/Dated 22-June-2021 requested to Director General Border Roads, New Delhi to issue consent/no objection certificate for extension of deputation tenure of officers. DGBR vide letter No.13422/Depu/EE(CIV)/DGBR/13/E1A dated 02-Jul-2021 has requested to NHAI HQ to repatriate the officers by their due dates.
In this connection, it is submitted that I have served 14 years in the highly Remote Areas in Border Roads because of that I kept my family away from me about 8 years during working in BRO, due to non-availability of better education facilities to my children. Presently my children education is in crucial stage moreover my family has been shifted to Berhampur for six months. At this point of time my support is essential to my family in education and medical aspect during this pandemic situation. Also, my father-in-law is fully depending on me. He is a chronic patient of Heart. Recently his heart surgery has been done in Appollo Hospital, Visakhapatnam. At the Covid-19 Pandemic situation, my transfer will inconvenient to my children education and treatment of my old age parent’s health as well.
In addition to above, presently the progress of the projects which have been taken up by me about 50% to 60%, at this stage my services are essential to complete the projects smoothly.
In view of the above, it is requested to kindly reconsider and issue the NOC to borrowed department (NHAI) for further extension of my deputation period of one year in the following address, please.
Dy. General Manager (HR/Admn.)-IIA, National Highways Authority of India Plot No.G-5 & G-6, Sector-10, Dwaraka, New Delhi-110075
[email protected]&[email protected] Thanking you sir
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Yours Faithfully Sd/-
DGM (Tech) & Project Director
Encl: As above.
Copy to:
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date for relieving the petitioner on 30.10.2021, it is clearly revealed from letter dated 29.09.2021 of NHAI, the petitioner joined in NHAI of 31.10.2018 and it is specified that the expired of deputation period was on 30.10.2021. From the said letter it is also apparent that citing inconvenience the petitioner had requested for extension of deputation for further period of one year as a special case. In the meantime, the period of extension as sought for by the petitioner has already been expired.
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Therefore, this Court is not inclined to extend the interim order dated 11.10.2021 any further.
(M.S. Raman) Judge
Laxmikant
Signature Not Verified
Digitally Signed Signed by: MANORANJAN SAMAL Designation: Personal Assistant Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Sep-2024 20:09:31
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1 issue framed by the court
Whether the writ petition regarding the extension of deputation period should be disposed of given that the requested period has expired?
1 provisions across 1 enactments
N. Harikrishna
Union of India
Director General Border Roads
National Highways Authority of India
Murahari Sri Raman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
