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5. Respondents Nos.1 to 3 - NHAI filed their reply on 03.10.2016 wherein they have submitted as under:-

7 OA 200/00880/2016 5.1 The terms of deputation of the applicant, which was earlier 3 years was changed to 5 years vide order dated 10.07.2014 and was till 30.06.2016. 5.2 The applicant had applied for the post of Dy.

General Manager (Technical) on deputation basis against the advertisement dated 14.08.2015. He was provisionally found eligible. Accordingly, parent department was requested for NOC for the purpose. However, now the process initiated for filling up the post of DGM (T) on deputation has been concluded. Now the applicant's case cannot be considered for the post of DGM (T). 5.3 The office order dated 23.08.2016 has been issued repatriating the applicant to the parent department. 5.4 It has also been stated that repatriation orders for Shri V.P. Tentwal have been issued on 01.09.2016. 5.5 They have prayed for dismissing the O.A.

6. Respondents Nos.4 and 5 - Water Resources Department (for brevity 'WRD') of State of M.P filed their reply on 27.08.2018 where they have made following submissions:-

6.1 Deputation is not the right of the applicant and it is for the department to take the decision on deputation on 8 OA 200/00880/2016 administrative ground. Selection of the applicant for any post under NHAI is not a ground for extension of deputation or grant of NOC.

18. From various judicial pronouncements as brought out above as well as facts of the case that the deputation period of 5 15 OA 200/00880/2016 years is over, it is clear that the applicant has not been able to make out any case for continuation on deputation, as sought in para 8.2 and 8.2-A where setting aside of orders dated 17.05.2016, 02.08.2016 and 23.08.2016 have been prayed for.

19. Further, the assertion of the applicant that several Engineers have been sent on deputation during 2015-2018, hence denial of NOC to him is discrimination does not cut much ice. After all, the applicant has also been on deputation for a period of 5 years from 2011 to 2016. It is the discretion of the parent department to take a call on the issuance of NOC. Further, as highlighted by Hon'ble High Court in WA 885/2014 (supra), negative equality cannot be applied for granting benefit. If required, he can represent to the State Government.

20. The cases cited by learned counsel for the applicant (para 9.3 above) are regarding arbitrariness in decision. This is not disputed by any party. However, the applicant has not been able to demonstrate arbitrariness in the instant case because the applicant has already completed five years on deputation and he cannot seek an NOC for further deputation as a matter of right.

21. The respondents-NHAI have clearly stated that the said selection for the post of DGM (T) has already concluded. The 16 OA 200/00880/2016 name of the applicant could not be selected for want of NOC of parent department.