The Supreme Court addressed whether deputation service counts as regular service for promotion eligibility. The Court held that a deputee's past service cannot be considered when there is a significant gap or lack of continuity before direct recruitment.

1. Case Background

• Respondent initially served on deputation as Manager (Technical) with NHAI from 2008 to 2014.
• Repatriated to his parent department in Tamil Nadu in 2014.
• Rejoined NHAI in 2015 after direct recruitment.

2. Dispute over Eligibility

• Respondent claimed eligibility for promotion to Deputy General Manager (Technical) based on his deputation service from 2008 to 2014.
• CAT and the Madras High Court upheld this claim, but NHAI challenged the decision.

3. NHAI's Argument

• Deputation service cannot be counted as regular service after a gap before direct recruitment.
• Respondent failed to meet the four-year continuous service criteria under NHAI's Recruitment Regulations.

4. Respondent's Stand

• Argued that deputation service fulfills the eligibility for promotion, as stated in NHAI’s Circular.
• Claimed discrimination compared to similarly situated employees granted promotions.

5. Supreme Court Analysis

• Regulatory Framework: Clause 6 of the 2017 Circular allowed deputation service to count, but only in cases of continuity without significant gaps.
• Gaps in Service: Respondent’s one-year gap (2014-2015) disqualified his deputation service from being counted.
• Purpose of the Circular: Intended as a one-time measure to end litigation, not to accommodate breaks in service.

6. Conclusion and Ruling

• CAT and High Court orders overturned.
• Respondent not eligible for promotion based on deputation service due to lack of continuity.
• Promotion eligibility is to be determined based on service tenure from the date of direct recruitment (August 26, 2015).

Acts and Sections Discussed:

1. National Highway Authority of India (Recruitment, Seniority, and Promotion) Regulations, 1996
   • Regulation 12(2): Criteria for screening and eligibility for promotion.
2. Clause 6 of the 2017 Circular:
   • Deputation service could be treated as regular service, subject to continuity and administrative conditions.
3. Relevant Precedents:
   • Indu Shekhar Singh v. State of Uttar Pradesh (2006) 8 SCC 129 – Benefit of past service only when explicitly allowed.
   • Sanjeev Kumar Sharma v. NHAI – Deputation service counted where no gaps existed.

Ratio Decidendi:

The service tenure under deputation can only count towards promotion eligibility if uninterrupted and within the administrative framework explicitly outlined by regulations.

Subjects:

Service Law, Promotion Eligibility, Deputation, Administrative Law.

NHAI, Supreme Court, Service Regulations, Deputation Service, Recruitment Policies.