Gauhati High Court
G O - 004293 N Sri Suryawanshi ... vs The Union Of India And 4 Ors on 9 May, 2022
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GAHC010085102022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2985/2022
G O - 004293 N SRI SURYAWANSHI PANDURANG SAYAJI
S/O LATE SAYAJI PANDURANG SURYAWANSHI, P/R/O F-2, RUKMINI VILA
APARTMENT, 3RD LANE, JAYSINGPUR-416101, DIST- KOLHAPUR,
MAHARASHTRA AND PRESENTLY SERVING AS PRIVATE SECRETARY AT
HQ CE PROJECT UDAYAK, PIN-931715 C/O 99 APO
VERSUS
THE UNION OF INDIA AND 4 ORS.
REPRESENTED BY 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) UDAYAK
DOOMDOOMA
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DIST-TINSUKIA
ASSAM
PIN-931715 C/O 99 APO
5:THE CHAIRMAN
DRDO
REPRESENTED BY THE DEPUTY DIRECTOR
DTE OF PERSONNEL (PERS-AA1)
MINISTRY OF DEFENCE
DEFENCE RESEARCH AND DEVELOPMENT ORGANISATION (DRDO)
ROOM NO. 266
DRDO BHAWAN
RAJAJI MARG
NEW DELHI-11001
Advocate for the Petitioner : MRS. R BORAH
Advocate for the Respondent : ASSTT.S.G.I.
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
09.05.2022
Heard Mr. D. Borah, learned counsel for the petitioner, who
submits that the respondent no.5 (Chairman, DRDO) published the
Advertisement dated 19-25 March, 2022, inviting eligible candidates for
filling up 63 posts of Private Secretary on deputation basis. The
petitioner's grievance is that the respondent nos.1 to 4 are not
forwarding his application for the post of Private Secretary on
deputation basis to the proforma-respondent no.5.
The petitioner's counsel submits that the respondents have declined
to forward the petitioner's application to the proforma-respondent no.5
in terms of Clause 7(j) of the Standard Operating Procedure on
Deputation/Outside Employment/Foreign Assignment: Gref Officers
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issued on 20.04.2021, which provides that when the cadre deficiency for
a particular rank is greater than 15%, the application for deputation will
not be processed until the bare minimum requirement of the
department has been met. The petitioner's counsel submits that the
Division Bench of this Court in WA No.324/2014, vide judgment and
order dated 25.01.2015 had dealt with a similar issue, wherein it
observed as follows :
"....................In case there happens to be any deficiency of a
particular rank/class of employees, it is for the BRO authorities to
take appropriate action to fill the vacancies, but that can hardly be a
ground to refuse permission/NOC, particularly, when the appellant
has also fulfilled the conditions for technical resignation. In the
absence of effective rebuttal, we hold that the refusal of the BRO
authorities to grant NOC to the appellant on the ground of ban on
outside employment/absorption ill-conceived, arbitrary, smacks of
malice in law and contravenes his fundamental rights guaranteed
under Articles 14 and 19 of the Constitution."
The petitioner's counsel further submits that while the petitioner is
working as a Private Secretary in the office of the Border Road
Organization (BRO), 4 (four) Stenographers of the BRO have been
allowed to submit their applications in respect of the Private Secretary
post that has been advertised by the proforma-respondent no.5, even
though the cadre of Stenographers in the BRO is also having a shortfall
of more than 15%.
Mr. D. Borah, learned counsel for the petitioner submits that a
direction should be issued to the respondents, to forward the
petitioner's application for the post of Private Secretary to the proforma-
respondent no.5. He further submits that he would like to produce an
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order of the Division Bench of this Court in WA No.188/2021 in support
of his submissions on the next date. He also submits that the last date
for submission of applications before the respondent no.5 is 17.05.2022.
Ms. R. Devi, learned CGC submits that the issue in WA
No.324/2015 was basically with respect to absorption and that the writ
petitioner therein had taken the stand that he would be retiring from the
post held under the BRO. However, the petitioner herein is aiming to go
on deputation, which would require approval of the authorities. The
learned CGC submits that the rejection by the respondents, in
forwarding the petitioner's application to the DRDO is in line with the
SOP dated 20.04.2021.
List the matter on 12.05.2022.
JUDGE
Comparing Assistant
