Service Law : Effect of Deputation on Employees' Rights

Service Law : Effect of Deputation on Employees' Rights

In the case of RITES Ltd v. Vijai Kishore [2025] GCtR 1613 (Delhi), E was in MES under Ministry of Defence. E joined another organisation on deputation basis. When he applied for promotion as CGM, E was not called for interview.

E had 24 years of class-1 service. Employer argued that 5 years service of E as GM as regular incumbent is not fulfilled. They argued that 3 years service on deputation is not eligible for promotion. 

It was held that the Rule did not require 5 years’ regular service as GM. For a regular incumbent in the RITES, 5 years service as GM was required. The nature of service as GM or SAG was, therefore, irrelevant. Ultimately, E was held eligible for being considered for promotion. 

The order dated 21 June 2007, whereby E was appointed as GM, does not use the expression “temporary”, “officiating”, or “ad hoc” or any expression analogous thereto. 

In this case the eligibility criterion for promotion as GGM was (i) 24 years of Class I service, (ii) with a minimum of 5 years service as GM or SAG, for regular incumbents in RITES.