RITES LTD. AND ORS. vs VIJAI KISHORE

Judgment text excerpt

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 6464/2015 & CM APPL. 11755/2015 RITES LTD. AND ORS. .....Petitioners Through: Mr. R.K. Saini, Adv. versus VIJAI KISHORE .....Respondent Through: CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 29.01.2025 C. HARI SHANKAR, J. 1. The respondent was a Group-A officer of the Military Engineering Service under the Ministry of Defence. He joined the petitioner Rail India Technical and Economic Service1 as General Manager on deputation basis on 22 May 2007. The order appointing him on deputation reads thus: “No. ESTT/PF,'VF/5328 Dt. 21.06.2007 Office Order No. DP/162/2007 “In terms of RITES LTD's letter No. PERS/9/CIVIL/2007 dated 22.05.2007 and Joint Director (E Coord-I) /Engineer-in- Chief/Mnistry of Defence's Movement Order No. A/63002/SE/VK/E Coord 1 dated 20.06.2007, Shri VIJAI 1 RITES W.P.(C) 6464/2015 Signature Not Verified Page 1 of 14 Digitally Signed By:AJIT KUMAR Signing Date:01.02.2025 17:07:30 KISHORE. SE of E-in-C Branch/Min. of Defence, has joined RITES as General Manager (Civil) in Grade Rs. 18400-22400/- on 21.06.2007 (AN) on usual terms of deputation and posted under GGM(HW). He will not draw any deputation pay.” 2. The respondent served as General Manager2 until 7 May 2010 without break. The respondent aspired for further promotion to the post of Group General Manager3. The relevant qualification for the promotion to the grade of GGM, as contained in Memo dated 26 June 2012 of the RITES, reads thus: “The revised eligible criteria for promotion from GM to GGM will 24 years of Class-I service with a minimum period of 5 years service as GM and/or SAG for regular incumbents in RITES. The eligibility criteria for promotion for deputationists would remain unchange