Gs 194619N Janardan Gaur vs The Union Of India And 6 Ors
2022 Latest Caselaw 1061 Gua

                                                                  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