Gs-180321X - Rajesh Kumar & 3 Ors vs Union Of India & 2 Ors on 21 February, 2017
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".