Gauhati High Court
Gs 194619N Janardan Gaur vs The Union Of India And 6 Ors on 25 March, 2022
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/3
GAHC010058752022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2146/2022
GS 194619N JANARDAN GAUR
S/O- SRI HEMENDRA KUMAR GAUR, PERMANENT RESIDENT OF H/NO-
13/14, ISHWAR NAGAR, KAKRAITHA ROAD, OPP.- PAUNIYA SCHOOL,
SIKANDARA, AGRA, U.P.- 282007 AND PRESENTLY POSTED AT OFFICE OF
THE OC, 1448 BCC (GREF), PIN- 931448, C/O- 99 APO.
VERSUS
THE UNION OF INDIA AND 6 ORS
REP. BY THE 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:ADDITIONAL DIRECTOR GENERAL (EAST)
BORDER ROADS ORGANIZATION
HQ ADGBR (EAST)
JALUKBARI
LANKESWAR
GUWAHATI
ASSAM
PIN- 781014.
4:THE CHIEF ENGINEER
HQ CE(P) BRAHMANK
PIN- 931722
Page No.# 2/3
C/O- 99 APO.
5:COMMANDER
761 BRTF PIN- 930761
C/O-99 APO.
6:OFFICER COMMANDING
1448 BCC (GREF)
PIN- 931448
C/O- 99 APO.
7:THE HEAD OF OFFICE
RAJASTHAN COUNCIL OF SCHOOL EDUCATION
GOVT. OF RAJASTHAN
2ND FLOOR
BLOCK-6
DR. S. RADHAKRISHNAN SHIKSHA SANKUL
JAWAHAR LAL NEHRU MARG
JAIPUR- 302017
RAJASTHAN
Advocate for the Petitioner : MRS. R BORAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
25.03.2022 Heard Mr. D. Borah, learned counsel for the petitioner, who submits that the petitioner's application for issuing a "No Objection Certificate", to enable him to join the post of Junior Engineer in the office of the proforma respondent No. 7, has been rejected vide letters dated 14.02.2022 and 17.01.2022, on the ground that as per the existing policy, an individual should have completed 20 years of service in the GREF. The petitioner's case is that the requirement of completing 20 years of service in terms of the earlier policy dated 01.08.2016, has been set aside by this Court, vide Judgment Page No.# 3/3 dated 21.02.2017 passed in W.P(C) Nos. 31, 32, 319, 349 and 981/2017 (Rajesh Kumar & Ors. vs. Union of India & Ors.). He further submits that even otherwise, the latest deputation policy issued by the respondents on 10.01.2018 requires a person to have a minimum of 10 years of service in GREF to enable him to apply for deputation, which the petitioner has. He further submits that the Commanding Officer C/o 99 APO has issued sparability certificate on 31.07.2021 and that the Commander has also approved the sparability certificate on 13.09.2021. The petitioner's counsel thus prays that a direction should be issued to the respondent authorities to issue the "No Objection Certificate".
Issue notice, returnable in 3 (three) weeks.
Mr. R. Mozumdar, learned ASGI accepts notice on behalf of the respondent Nos. 1 to 6.
Petitioner to take steps for service of notice upon the respondent No. 7 by registered post with A/D within 3 (three) days.
List the matter on 27.04.2022.
In the interim, the respondent No. 7 shall keep the one post of Junior Engineer vacant till the next date.
JUDGE Comparing Assistant