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Gauhati High Court

Gs-191966A Inamdar Umesh Gajanan vs The Union Of India And 4 Ors on 10 December, 2018

Author: N. Kotiswar Singh

Bench: N. Kotiswar Singh

                                                                 Page No.# 1/3

GAHC010270672018




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C) 8451/2018

         1:GS-191966A INAMDAR UMESH GAJANAN
         S/O SRI GAJANAN PRESENTLY SERVING AS VMECH A 125 RCC (GREF) PIN
         930125
         C/O 99 APO

         VERSUS

         1:THE UNION OF INDIA AND 4 ORS.
         REP. BY JOINT SECRETARY (BR), MINISTRY OF DEFENCE (EARLIER
         DESIGNATED AS SECRETARY (BRDB), ROOM NO. 418, B WING 4TH FLOOR
         SENA BHAWAN, NEW DELHI- 110011.

         2:DIRECTOR GENERAL
          BORDER ROADS ORGANIZATION
          SEEMA SADAK BHAWAN

         RING ROAD
         DELHI CANTT.
         NEW DELHI- 110010.

         3:THE CHIEF ENGINEER
          HQ CE (P) VARTAK
         PIN 931716
         C/O 99 APO

         4:OFFICER COMMANDING
          125 RCC (GREF)
          PIN - 930125
         C/O 99 APO

         5:THE SENIOR MANAGER
          DEPARTMENT OF POSTS
          GOVT. OF INDIA
                                                                                   Page No.# 2/3

             MAIL MOTOR SERVICE
             134-A
             S.K. AHIRE MARG
             WORLI
             MUMBAI-400018

Advocate for the Petitioner   : MRS. R BORAH

Advocate for the Respondent : ASSTT.S.G.I.




                                    BEFORE
                    HONOURABLE MR. JUSTICE N. KOTISWAR SINGH

                                             ORDER

Date : 10-12-2018 Heard Mr. D. Borha, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned Government Advocate for the CGC.

Issue notice, returnable within 3(three) weeks.

The petitioner who is serving as a Vehicle Mechanic in the Border Road Organization for the last 9 years and 5 months had sought permission of the authority to allow him to appear for an advertised post of Motor Vehicle Mechanic advertised on 06.11.2018. The request of the petitioner to apply for the said post has been rejected vide order dated 03.12.2018 citing certain guidelines dated 10.01.2018 The petitioner has annexed a copy of the said guidelines which however deals with the deputation not with application for direct recruitment.

In that view of the matter, this Court is prima facie satisfied that the rejection of the application of the petitioner to apply the aforesaid advertisement post may not be appropriate. Accordingly, it is directed that the petitioner may be allowed to submit his application for the said advertised post. However, this will be subject to the result of this petition.

In other words, the respondent authority No.4 shall forward the application of the petitioner for applying for the said advertised post in terms of the application dated Page No.# 3/3 28.11.2018 and if selected for the said post, it will be subject to the result of this petition.

List accordingly.

JUDGE Comparing Assistant