Gauhati High Court
Rajesh Kumar (Go-2118A) vs The Union Of India And 2 Ors on 25 November, 2021
Author: Sanjay Kumar Medhi
Bench: Sanjay Kumar Medhi
Page No.# 1/4
GAHC010095262021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3147/2021
RAJESH KUMAR (GO-2118A)
S/O LATE SHREE AWADHESH LALL, DIRECTOR RES, EDP, SIGNALS HQ
ADDL DIRECTOR GENERAL BORDER ROADS, PIN-900885, C/O 99 APO,
JALUKBARI, GUWAHATI-781013, ASSAM
VERSUS
THE UNION OF INDIA AND 2 ORS
REPRESENTED BY THE JOINT SECRETARY (BORDER ROADS), MINISTRY
OF DEFENCE (EARLIER DESIGNATED AS SECRETARY (BRDB)), ROOM NO,
418, B WING, 4TH FLOOR, SENA BHAWAN NEW DELHI-110010
2:DIRECTOR GENERAL
BORDER ROADS ORGANIZATION
SEEMA SADAK BHAWAN
RING ROAD
DELHI CANTT.
NEW DELHI-110010
3:RAJIV KUMAR SRIVASTAVA (GO-2355K)
COMMANDER
WESTERN STORE DIVISION (GREF)
GREF STATION
PATHANKOT
PUNJAB. PIN- 14500
Advocate for the Petitioner : MRS. R BORAH
Advocate for the Respondent : ASSTT.S.G.I.
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
ORDER
25.11.2021 Heard Shri D. Borah, learned counsel for the petitioner. Also heard Ms. R. Devi, learned CGC for all the respondents.
2. Taking into account the stand of the respondents in their affidavit-in-opposition dated 15.09.2021 and as agreed to by the parties, the instant writ petition is taken up for disposal at the admission stage.
3 For better appreciation of the issue, it would be convenient if the facts of the case are narrated in brief.
4. The petitioner is working as a Superintending Engineer (E & M) in the Border Roads Organization (hereinafter called, the BRO). The petitioner is aggrieved by an order dated 15.06.2021 whereby the private respondent No. 3 was given out-of-turn posting and was appointed as Commander of the Western Store Division (WSD) Pathankot by superseding the petitioner. It is the case of the petitioner that the said respondent No. 3 is junior to the petitioner.
5. The learned counsel for the petitioner has contended that next promotional post is the Chief Engineer and for which promoting the Superintending Engineer (E & M) with 8 (eight) years of regular service in the grade including, if any, in the Non-Functional Selection Grade or 17 (seventeen) years of regular service in Group A posts of the Border Roads Engineer Service (E & M) out of which 4(four) years of regular service should be in a grade of Superintending Engineer (E & M) out of which 2(two) years experience as Superintending Engineer (E & M) should be Commander Base Workshop or Officer Commanding Store Division situated at Pathankot, Punjab and Tezpur.
6. It is the case of the petitioner that both the petitioner and the respondent No. 3 have satisfied all the criteria except for having 2(two) years of experience as Commander Base Workshop or Officer Commanding Store Division situated in the aforesaid 3(three) locations. The petitioner apprehends that because of the posting given to the respondent No. 3 to a Page No.# 3/4 Command Post at Western Store Division, he would be eligible for being promoted to the next higher rank of Chief Engineer (E & M) whereby the petitioner would be put to grave hardship and inconvenience.
7. This Court vide order dated 24.06.2021 has issued notice pursuant to which the contesting respondents namely respondent Nos. 1 & 2 have appeared and filed the affidavit- in-opposition on 15.09.2021.
8. Shri Borah, learned counsel for the petitioner by drawing the attention of this Court to the averments made in the paragraph 8 of the said affidavit-in-opposition submits that when the stand of the official respondents is put on record regarding consideration of the case of the petitioner irrespective of the posting given to the respondent No. 3, there would not be any hurdle or hindrance for considering him for promotion to the next higher Grade of Chief Engineer. For ready reference, the relevant part of the paragraph 8 of the affidavit-in- opposition dated 15.09.2021 is extracted hereinbelow-
"That with regard to the statements made in paragraphs 4 and 5, the deponent states that the Command Appointment is based on merits and expertise in the field and in Organizational interest since the Base Workshops and Store Divisions are on the verge of modernization with advanced technologies. Accordingly, Go-2355K SE (E & M) Rajiv Kumar Srivastava (Respondent No. 3) has been posted in the Command Appointment of Western Store Division (hereinafter will be referred to as 'WSD') to protect Organizational interests. Earlier, the petitioner himself was posted in Command Appointment of Deputy Commandant (Production) in EBW for a period of 20 months. As Command posting is not a requirement in the case of the petitioner as he had completed eight years service in SE (E & M) on 01 Jul 2017 for grant of Non Functional Upgradation (hereinafter will be referred to as 'NFU') or promotion, posting as per seniority in Master Seniority List (hereinafter will be referred to as 'MSL') is not warranted."
9. Ms. R. Devi, learned CGC submits that in view of the clear stand of the respondents, the case of the petitioner would be considered for promotion to the next higher grade and the requirement to serve in a Command Criteria Post shall not be insisted as he had already Page No.# 4/4 fulfilled the requirement by his earlier postings.
10. In view of such concession made and put on record by way of an affidavit-in- opposition, this Court is of the opinion that there is nothing left to be adjudicated. Accordingly, the writ petition is disposed of by directing that in view of the expressed stand of the respondent authorities, the case of the petitioner for promotion to the next higher grade of Chief Engineer be considered in accordance with law. It is needless to state that the petitioner would however be required to fulfill the other prescribed criteria for such promotion.
JUDGE Comparing Assistant