In Brief
The appellant NHAI challenged the promotion of a former deputation employee to Deputy General Manager based on counting his prior deputation service. The employee was deputed for six years (2008-2014), repatriated to his parent department, then re-joined NHAI through direct recruitment in 2015 with a gap of over one year. The Supreme Court held that the 2017 Circular allowing counting of deputation service for promotion applied only to employees continuously serving NHAI. The gap caused by repatriation constituted a break in service; re-entry through direct recruitment was a fresh appointment. The four-year eligibility period ran from 2015, not 2008. The Court distinguished the respondent from three other similarly promoted officers who remained in NHAI's service throughout. The appeal was allowed, though without recovery of excess payments made during the erroneous promotions.
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