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2025 DIGILAW 490 (KER)

Jesto George v. Union Of India

2025-03-06

D.K.SINGH

body2025
JUDGMENT : D. K. SINGH, J. The petitioner who was holding the post of Veterinary Surgeon in Animal Husbandry Department under the State Government of Kerala in a pay scale of Rs.20740- 36140 was sent on deputation to the post of Deputy Director (Technical) in Food Safety and Standard Authority of India (for short ‘FSSAI’), an organisation under the Ministry of Health and Family Welfare, on 24.08.2015. The petitioner was finally absorbed in FSSAI on 22.08.2019. After absorption, the petitioner has been promoted to the post of Joint Director with effect from 25.04.2024. While promoting the petitioner to the post of Joint Director, the services rendered on deputation before permanent absorption in FSSAI have not been calculated for counting the eligible length of service for promotion to the post of Joint Director. 2. The learned counsel for the petitioner submits that the petitioner’s service rendered before absorption cannot be wiped out and the service rendered by him on deputation is to be treated as regular service in FSSAI for the purposes of fixing his seniority to the post of the Deputy Director and Joint Director after he was absorbed on the post of Deputy Director with effect from 22.08.2019. 3. In support of the said submission the learned counsel for the petitioner has placed reliance on the judgment of the High Court of Delhi in W.P.(C.) No.9227/2014 , in National Highways Authority of India v. Sanjeev Kumar Sharma and others . The High Court of Delhi, in the aforesaid judgment, has held that the expression ‘regular service’ would mean that the length of the service from the date of appointment to a post should be taken into consideration for the purpose of seniority in that post or eligibility for a higher post in absence of any specific provisions to the contrary. It is further submitted that the petitioner’s appointment on deputation was also regular appointment, and wiping out of the service rendered by the petitioner on the post of Deputy Director in FSSAI before his absorption on the said post in FSSAI would be wholly unjustified. 4. Sri.Daya Sindhu Sreehari, learned Central Government Counsel has not been in a position to point out any provision contrary to the submission that the service rendered by the petitioner on the post of Deputy Director in FSSAI before absorption should not be treated as regular service. 5. 4. Sri.Daya Sindhu Sreehari, learned Central Government Counsel has not been in a position to point out any provision contrary to the submission that the service rendered by the petitioner on the post of Deputy Director in FSSAI before absorption should not be treated as regular service. 5. The aforesaid judgment of the High Court of Delhi was challenged by the National High Way Authority of India before the Supreme Court in Special Leave to Appeal (C.) in C.C No.18898/2016 . However, the Special Leave Petitions were dismissed by the Supreme Court vide order dated 27.10.2016. 6. The question which falls for consideration in this writ petition is whether while considering the petitioner for promotion to the post of Joint Director, the services rendered on deputation to the post of Deputy Director before his absorption should be treated as regular service or the service rendered by the petitioner on deputation before absorption in FSSAI on the post of Deputy Director should not be taken as regular service and only the service rendered by the petitioner after absorption should be treated as regular service. The services of FSSAI are governed by the Food Safety and Standards Authority of India (Recruitment and Appointment) Regulations 2018. The deputation is defined under regulation 2(j) as a method of recruitment where officers of the Central Government Departments or the State Governments are appointed to post(s) in Food Safety and Standards Authority of India. Thus, as per the definition of deputation, it is a method of recruitment of officers who are working either in the Central Government Departments or the State Government Departments in FSSAI. When the Rules themselves contemplate and provide for recruitment by deputation, the services rendered by an employee before absorption permanently in the FSSAI cannot be said to be irregular services. The services rendered by such an employee before absorption would be treated as the regular service. 7. 60% of posts of the Joint Director are to be filled up by promotion and 40% by direct recruitment. As per the schedule provided in the regulation, the eligibility for promotion to the post of Joint Director is ‘Deputy Director in level 11 with 5 years’ service in grade after appointment thereto on a regular basis. 8. 7. 60% of posts of the Joint Director are to be filled up by promotion and 40% by direct recruitment. As per the schedule provided in the regulation, the eligibility for promotion to the post of Joint Director is ‘Deputy Director in level 11 with 5 years’ service in grade after appointment thereto on a regular basis. 8. The competent authority has been of the opinion that the petitioner should be treated as appointed on regular basis to the post of Deputy Director only after he was absorbed on the said post with effect from 22.08.2019 and, therefore, the services rendered prior to absorption could not be treated as services rendered by him on regular basis. In view of the aforesaid, the petitioner has been promoted only vide order dated 25.04.2024. 9. The High Court Delhi, in the judgment rendered in National Highway Authority of India (supra) considering the para materia provisions in NHAI, has held that services rendered by an employee on deputation before absorption should be treated as regular service subject to contrary provision. No such contrary provision has been pointed out by the learned Central Government Counsel, instead, the definition of deputation, as mentioned above, specifically provides that the appointment on deputation in FSSAI is also a regular employment. 10. In view thereof, I am of the considered view that the services rendered by the petitioner before absorption in FSSAI on the post of Deputy Director are to be treated as regular service and he is entitled for the benefit of the said service rendered by him on deputation before his absorption. 11. Thus, the present writ petition is disposed of, with direction to the respondent authority to rework the promotion of the petitioner if he is otherwise qualified treating the entire service rendered by him in FSSAI on the post of Deputy Director as regular service. Such reconsideration for promotion to the post of Joint Director of the petitioner should be given within a period of three months from today. With the aforesaid directions, the present writ petition stands finally disposed of.