Employee Of Border Roads Organization Has No Fundamental Right To Claim Deputation To Any Other Organization Or Dept Like NHAI: Delhi High Court

The Delhi High Court has held that an employee of the Border Roads Organisation has no fundamental right to claim a deputation to any other Organisation or Department like National Highways Authority of India (NHAI).

A bench comprising of Justice Manmohan and Justice Navin Chawla added that since an employee of Border Roads Organisation has to work primarily in the said Organisation, he has only a right of fair consideration in accordance with the policy and needs of the organisation.

The Court dismissed a plea filed by one Kamlesh Kumar Jha challenging the rejection letter dated and show cause notice thereby seeking directions to the Border Roads Organisation to allow the his application for deputation to the NHAI on the ground of parity.

The petitioner was an Executive Engineer (Civil) in the Border Roads Organisation and was aggrieved by the non-grant of departmental permission to proceed on deputation to NHAI. It was his case that he had applied for deputation to NHAI on 1st December, 2020 and had forwarded a copy of his application to be processed by the Border Roads Organisation.

According to the Petitioner, after receiving the consent of all senior officers, including the Additional Director General Border Roads, bis Application was forwarded to the Director General Border Roads, however, the same was rejected on the ground that the Border Roads Organisation intended to post him to a high altitude area to fill vacant positions of Executive Engineers in the ongoing projects.

"It is settled law that if the senior management of the organisation is of the opinion that the organisation's interest would be better served if the employee continues to work within the organisation, then the Court would not substitute its own judgment for the judgment of the management," the Court said.

The Court was of the view that the organisational interest of Border Roads Organisation is of paramount importance and if its superior officers are of the opinion that the Petitioner was a 'Suitable Officer' to be posted in a high altitude area, then the same called for no interference in writ jurisdiction, especially when the impugned decision was not perverse.

"This court is not expected to indulge in a fishing and roving inquiry to determine the comparative merit and demerit of the cases of these officers, especially in their absence. The plea based on Article 14 is completely vague and without any merit," the Court added.

The plea was accordingly dismissed after taking note of the fact that since the Petitioner's next posting to high altitude area, it was highly unlikely that he would be in a position to apply for deputation to NHAI for the next three years.

Title: KAMLESH KUMAR JHA v. DIRECTORATE GENERAL BORDER ROADS AND ORS.

Citation: 2022 LiveLaw (Del) 91

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