Gauhati High Court
Page No.# 1/8 vs The Union Of India And 15 Ors on 16 September, 2024
Author: Suman Shyam
Bench: Suman Shyam
Page No.# 1/8
GAHC010158472024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4001/2024
GS-195323A- J STANLY JOHN AND 14 ORS
S/O. M JEYASEELAN
RESIDENT OF NO.277, ST ANTHONIYAR STREET, SEMMIYAMANGALAM,
POLUR, TIRUVANNAMALAI-606803, TAMIL NADU.
2: GS-192424H -SANJIB DEKA
S/O. SUREN DEKA
RESIDENT OF VILL- BALITARA
PO- BALITARA
DIST- NALBARI
STATE- ASSAM
PIN- 781349
3: GS-192446F- NABAJIT DEKA
S/O. RAMESH DEKA
RESIDENT OF HOUSE NO.3
CHITRABAN PATH
KERAKUCHI
BELTOLA
GUWAHATI-781040
ASSAM.
4: GS-192853K- KHAMKAR SANDEEP NAMDEO
S/O. KHAMKAR NAMDEO KISAN
RESIDENT OF VILL - RILE
THE - SHIRALA
DISTT - SANGLI
MAHARASTHRA
PIN 415408
5: GS- 192459Y- NEERAJ CHAUHAN
S/O. RAJENDRA SINGH CHAUHAN
PRESENTLY RESIDENT OF VILL AND PO - GANGORI
DIST-UTTARKASHI
Page No.# 2/8
UTTARAKHAND
PIN-249193
6: GS- 192352K- SUNIL KUMAR TEWARI
S/O. BASANT BALLABH TEWARI
RESIDENT OF SHIVALIK VIHAR
PHASE-2
CANAL ROAD
PO/PS - KATHGODAM TEHSIL - HALDWANI
DISTT-NANITAL
UTTARAKHAND
PIN 236126
7: GS-192693P -NAVEEN
S/O. RAJBIR SINGH
RESIDENT OF HOUSE NO.. 1160
WARD - 01
VILL AND PO- PAKASMA
DISTT - ROHTAK
HARYANA
PIN-124401
8: GS- 192974L - BHARAT MOHAN DOBRIYAL
S/O. SHRIPATI RAM DOBRIYAL
RESIDENT OF VILL - RAJKHIEL
PO - KULHAD (SATPULI)
THE/TO/PS- LANSDOWNE
DISTT - PAURI GARHWAL
UTTARAKHAND
PIN 246172
9: GS- 192924A- NAVAL KISHOR PANDEY
S/O. CHANDRA SHEKHAR PANDEY
RESIDENT OF H .NO 72 A
CHARAYAL NAYABAD
RTO ROAD
JAI BADRI VISHAL COLONY
KUSUMKHERA HALDWANI DISTRICT- NAINITAL
UTTARAKHAND -263139.
10: GS- 192662P- ARVIND KUMAR
S/O. BIRENDER
RESIDENT OF H/NO - 5/102
SHASTRI NAGAR
VILL - SHAFIPUR
PO AND TEH- ROORKEE
DISTT- HARIDWAR
Page No.# 3/8
UTTARAKHAND
PIN- 247667
11: GS- 192929Y - YAMJEET SINGH
S/O. YOGENDRA PAL SINGH
RESIDENT OF VILL-SHAHPUR DHAMERI
PO- BHAINSA
DIST- BIJNOR (UP) PIN-246734
12: GS- 192660K- VINOD KUMAR
S/O. JAI DUTT KUKRETI
RESIDENT OF A-321 GTM FOREST HILLS AND LAVANA
OPPOSITE IIP MOHKAMPUR
DISTT- DEHRADUN
STATE- UTTARAKHAND-248005
13: GS- 192976W - SUNIL KUMAR MISHRA
S/O. RAMBABU MISHRA
RESIDENT OF H/NO 533
GANESH NAGAR
NEAR MEDICAL COLLEGE
KOTA
RAJASTHAN
PIN 324005.
14: GS- 195253M - MANOJ KUMAR BHATT
S/O. JAGDISH CHANDRA BHATT
RESIDENT OF DUMKABANGAR BACHCHIDHARMA
HALDUCHOUR LALKUON
NEAR ST SHAPT RESHI SCHOOL
HALDWANI
DISTT- NANITAL
UTTARAKHAND PIN 263139.
15: GS- 194504Y - JEEVANANTHAM N
S/O. NAGARAJAN K
RESIDENT OF NO.45
STREET-02
SATTAIYAMPUDHUR
TIRUCHENGODE
NAMAKKAL-637211
TAMIL NADU
VERSUS
THE UNION OF INDIA AND 15 ORS
REPRESENTED BY THE SECRETARY (BORDER ROADS), SOUTH BLOCK,
MINISTRY OF DEFENCE, NEW DELHI-110 011.
Page No.# 4/8
2:THE SECRETARY (PERSONNEL)
DEPARTMENT OF PERSONNEL AND TRAINING
MINISTRY OF PERSONNEL
PUBLIC GRIEVANCES AND PENSIONS
NORTH BLOCK
NEW DELHI-110 001.
3:THE DIRECTOR GENERAL
BORDER ROADS ORGANIZATION (BRO)
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI- 110 010
4:ADDITIONAL DIRECTOR GENERAL (EAST)
HQ ADGBR (EAST)
PIN-900885
C/O - 99 APO.
5:COMMANDANT
BRO SCHOOL AND CENTRE
RECORD OFFICE
GENERAL RESERVE ENGINEER FORCE
DIGHI CAMP
PUNE-411015.
6:GS NO. 192946Y- AJEET SINGH
JUNIOR ENGINEER (CIVIL)
(SC CATEGORY)
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
7:GS NO. 195291H- VIJAYAN A
JUNIOR ENGINEER (CIVIL)
OBC (CAUR) CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
Page No.# 5/8
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
8:GS NO. 192628P - PARIMAL DAS
JUNIOR ENGINEER (CIVIL)
SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS)
9:GS NO. 192909L - DHEERAJ KUMAR RAJ
JUNIOR ENGINEER (CIVIL) SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
10:GS NO. 192463F - SANJAY KUMAR RAVI
JUNIOR ENGINEER (CIVIL) SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
11:GS NO. 192514K - PARAMASIVAM M.
JUNIOR ENGINEER (CIVIL)
SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
12:GS NO. 192543Y - MAHTAB ALAM
JUNIOR ENGINEER (CIVIL)
OBC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
13:GS NO. 193091N - DHARMENDRA KUMAR
JUNIOR ENGINEER (CIVIL) SC CATEGORY
Page No.# 6/8
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
14:GS NO. 195424N - LAMSOGE BHUSHAN NOKESHWAR
JUNIOR ENGINEER (CIVIL) SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
15:GS NO. 195144A - RASABHARATHI M.
JUNIOR ENGINEER (CIVIL) OBC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS).
16:GS NO. 195186M - RISHIPAL JATAV
JUNIOR ENGINEER (CIVIL)
SC CATEGORY
(IN REPRESENTATIVE CAPACITY THROUGH THE BORDER ROADS
ORGANISATION DEPARTMENT SINCE PRESENT ADDRESS IS UNKNOWN
TO THE PETITIONERS)
Advocate for the Petitioner : MRS. R BORAH, MR. D BORAH
Advocate for the Respondent : DY.S.G.I.,
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 16-09-2024 Heard Mr. D. Bora, learned counsel for the writ petitioner. Also heard Mr. B. Chakraborty, learned CGC appearing for the official respondents.
The writ petitioners herein are serving as Junior Engineers (Civil) in the Border Page No.# 7/8 Roads Organisation (BRO). They are aggrieved by the Master Seniority List (MSL) prepared by the authorities on the basis of Trade Test (TT) held recently. According to the petitioners, the private respondents, who had scored lesser marks than the petitioners, have been erroneously placed above them, thus causing serious prejudice to their interest.
Mr. Bora submits that based on the erroneous MSL, the departmental authorities are contemplating to grant promotion to various Junior Engineers. If the said process is permitted to go ahead, then in that event, it would cause serious prejudice to the interest of the petitioners. Hence, a prayer has been made for issuance of an interim order protecting the interest of the petitioners.
Mr. Chakraborty, learned CGC, on the other hand, has obtained instruction in the form of para-wise comments and placed the same before this Court. In the instruction obtained by the learned CGC, in response to paragraph 11 of the writ petition, it has been mentioned that a Board of Officers is being constituted shortly so as to examine the discrimination in the preparation of the MSL of Junior Engineer, if any. It is also the stand of the departmental authorities that if necessary, fresh/ revised MSL will be prepared.
It is, therefore, apparent from the above that a process has already been undertaken by the authorities for review/ revisit of the MSL. If that be so, the respondents cannot be permitted to go ahead with the promotional process before completing the said process.
It is, therefore, provided that until such time the exercise for review/ revisit of MSL Page No.# 8/8 is brought to its logical end, no final order of promotion of the officers in the rank of Junior Engineer (C) shall be issued.
In the meantime, CGC to obtain updated instruction. Let this matter be listed again after 06 weeks.
JUDGE GS Comparing Assistant