Gauhati High Court
Mason Subash Chander vs The Union Of India And 4 Ors on 24 August, 2021
Author: Kalyan Rai Surana
Bench: Kalyan Rai Surana
Page No.# 1/3
GAHC010198482019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6062/2019
MASON SUBASH CHANDER
S/O- LT RAM KUMAR, R/O- LANKESWAR, GHY, DIST- KAMRUP (M),
ASSAM, PIN-
VERSUS
THE UNION OF INDIA AND 4 ORS.
REP. BY THE JOINT SECY. BORDER ROADS, B WING, 4TH FLOOR, SENA
BHAWAN, NEW DELHI- 110001
2:THE SECRETARY
BORDER ROADS DEVELOPMENT BOARD
B WING
4TH FLOOR
SENA BHAWAN
NEW DELHI- 110001
3:THE DIRECTOR GENERAL BORDER ROADS
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANT. NEW DELHI- 110001
4:THE CHIEF ENGINEER PROJECT UDAYAK
C/O 99 APO
5:THE ADGBR (EAST)
LANKESWAR
GHY
DIST- KAMRUP (M)
ASSA
Advocate for the Petitioner : MR TAPAS DAS
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Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : --24.08.2021 Heard Mr. T. Das, learned counsel appearing for the petitioner. Also heard Ms. S. Baruah, learned CGC for the respondents.
In course of hearing the learned CGC has submitted that the posting to BCA area is issued on the basis of services seniority- cum- merit and not as per Master Seniority List. It is also submitted that when an employee is eligible, and fulfills all the laid down criteria/QR in the selection methodology, strictly he is automatically considered and selected for BCA area. It is also submitted that the respondent had not rejected the candidature of the petitioner for posting at BCA area, rather, if the petitioner fulfills the laid down criteria, he would be automatically selected for BCA posting.
It appears from the Annexure-II to the affidavit-in-opposition that under paragraph 3(b) it is provided that in respect of second stage selection it is strictly based on the cadre-wise service seniority.
In this regard the learned counsel for the petitioner has referred to the stand taken in Annexure-3 and 4 of he writ petition wherein it has been mentioned that the selection methodology for posting to BCA/ Foreign posting issued vide letter dated 14.11.2008 was followed and posting has been made on service seniority (Date of apptt.) cum merit and not as per cadre- wise seniority. In Annexure-4 it is mentioned that it appears that the petitioner has not come up in the seniority of his trade for BCA posting and hence his case has not been considered for posting to BCA.
Page No.# 3/3 In the light of the stand of the respondents as mentioned herein above, the learned CGC prays for and is granted 2 (two) weeks time to obtain instruction and file an additional affidavit-in-opposition, if so advised.
As agreed to both the sides, list the matter on 06.09.2021. The respondent shall file additional affidavit-in-opposition 3 (three) days prior to next listing.
JUDGE Comparing Assistant