Go 004293N Sri Suryawanshi ... vs The Union Of India And 4 Ors
2022 Latest Caselaw 1678 Gua

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GAHC010093362022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                           Case No. : WA/171/2022

         GO 004293N 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
          DIST-TINSUKIA
         ASSAM
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             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
         HON'BLE THE CHIEF JUSTICE (ACTING) MR. N. KOTISWAR SINGH
                       HON'BLE MR. JUSTICE SOUMITRA SAIKIA
                                       :: O R D E R ::

18.05.2022 [N. Kotiswar Singh, CJ(Acting)]

Heard Mr. D. Borah, learned counsel for the appellant. Also heard Ms. R. Devi, learned Central Government Counsel appearing for the respondents.

Issue notice, returnable on 13.06.2022.

As the respondents are duly represented, no formal steps need to be taken in respect of them. However, the petitioner shall serve extra copies to the learned counsel for the respondents.

The grievance of the appellant is that his plea for deputation to another organisation in the same Ministry has been rejected on the ground of cadre deficiency. The said plea of the Department was upheld by the Ld. Single Judge.

Being aggrieved, the appellant is before us.

The stand taken by the appellant is that though it may be permissible to deny deputation on the aforesaid ground, yet, it has been held by this Court in Writ Appeal No. 324 Page No.# 3/3

of 2015, vide judgment and order dated 25.01.2016 where a similar question of law arose, that if there be any cadre deficiency, the authorities ought to take necessary steps to fill up the deficiency rather than making any employee suffer on account of such deficiency.

Further, it has been submitted by the learned counsel for the appellant that the concerned Officer under whom the appellant is presently working, i.e., Chief Engineer of Project Udayak has himself certified that the petitioner's deputation will not cause any disruption in the work in his office.

Be that as it may, all these aspects can be examined on the next returnable date. Till then, it is directed that 1(one) post of Private Secretary in DRDO may be kept reserved and that the application of the appellant be forwarded provisionally to the concerned authority so that necessary order can be passed on the next returnable date.

                                    JUDGE                     CHIEF JUSTICE (ACTING)




Comparing Assistant