- (1.) The judgment dated 07.10.2005 passed by the High Court of Judicature of Assam, Nagaland, Meghalaya, manipur, Tripura, Mizoram and Arunachal Pradesh at Gauhati in Writ Appeal Nos.533/2005 & 584/2005 is assailed in these appeal. By the impugned judgment, the Division Bench has dismissed the appeal confirming the order passed in the writ petition refusing to allow the appellant herein to be absorbed to the deputed post.
(2.) It is not in dispute that the appellant's parent department was Department of Industry. He came to Arunachal Pradesh Energy Development Agency (for short 'APEDA') on deputation only for a brief period. It is made clear in the order of deputation itself that the appointment is on deputation basis only and it will not confer any right on the officer/official to claim for regular absorption in APEDA. The deputation will be for an initial period of two years Signature Not Verified Digitally signed by MAHABIR SINGH from the date of joining the APEDA. However, it was Date: 2018.04.11 open for the agency to curtail/extend the period of deputation as per the requirement of the agency and subject to performance during the period of deputation. According to the appellant, he has completed more than five years on deputation and, therefore, he should have been absorbed in APEDA.
(3.) It is further case of the appellant that the Screening Committee constituted by the APEDA to find out the suitable persons for absorption was not headed by the Commissioner of APEDA but it was headed by the Secretary of the Department and since the constitution of the committee itself was improper, the report of the Screening Committee could not have been relied upon for rejecting the claim of the appellant. These very contentions were raised by the appellant before the Single Judge as well as the Division Bench of the High Court. By the well considered judgments the contention of the appellant was turned down.;