Court quashes CVPPPL's rejection of Rishi Kumar's claims for re-designation and mandates reconsideration with potential monetary benefits.
In a significant ruling, the Jammu and Kashmir High Court, presided over by Justice Javed Iqbal Wani, has directed the Chenab Valley Power Projects Ltd (CVPPPL) to reconsider the designation and grade of a deputationist employee, Rishi Kumar. The court found the company's rejection of Kumar's claim for placement in an equivalent grade as unfair and discriminatory.
Rishi Kumar, who was on deputation from the Power Development Department of Jammu and Kashmir, claimed that he was entitled to be placed in an equivalent grade in the borrowing organization, CVPPPL, based on his experience both in his parent department and the borrowing organization. Despite acquiring eight years of service, Kumar’s claim for re-designation from Deputy Manager to Manager was repeatedly denied by CVPPPL, citing civil service regulations applicable to his parent organization.
The court, after a thorough examination of the Promoter's Agreement and Supplementary Promoter's Agreement, found that the employee’s placement in an equivalent designation and grade should not be considered a promotion but rather a proper placement commensurate with his experience. The agreements clearly indicated that employees on deputation are entitled to equivalent designations and grades without it being considered a promotion.
Justice Wani emphasized that the Civil Service Regulations do not impede the placement of a deputationist in an equivalent grade within the borrowing organization. The court deemed the rejection of Kumar’s claim by CVPPPL as unfair, unreasonable, and discriminatory. Consequently, the court quashed the previous orders rejecting his claims and issued a writ of mandamus commanding CVPPPL to reconsider Kumar’s re-designation to Grade-E5 (Manager) retroactively from July 30, 2020. The court also directed the company to extend all due benefits, including monetary benefits, and to consider further re-designation to Senior Manager in Grade-E6 if Kumar fulfills the requisite experience.
This judgment is a reminder of the legal protections available to employees on deputation, ensuring their rights are not undermined due to procedural or administrative shortcomings within borrowing organizations. The court has given CVPPPL six weeks to comply with its directives, marking a significant win for Rishi Kumar and setting a precedent for similar cases in the future.
Bottom Line:
Deputationist employee entitled to placement in equivalent grade and designation in borrowing organization based on experience acquired in parent department and service with borrowing organization.
Statutory provision(s):
- Article 226 of the Constitution of India
- Civil Service Regulations
- Promoter's Agreement dated 21.12.2010
- Supplementary Promoter's Agreement dated 21.11.2022
Rishi Kumar v. Chenab Valley Power Projects Ltd, (Jammu And Kashmir) : Law Finder Doc Id # 2826545
