KAMLESH KUMAR JHA Vs. DIRECTORATE GENERAL BORDER ROADS

JUDGEMENT

(1.) Present writ petition has been filed challenging the rejection letter dtd. 18/2/2021 and the show cause notice dtd. 10/1/2022. Petitioner also seeks directions to the respondent/ Border Roads Organisation to allow the Petitioner's application for deputation to the National Highways Authority of India [NHAI] on the ground of parity.

(2.) In the writ petition, it has been averred that the Petitioner is an Executive Engineer (Civil) in the Border Roads Organisation and is aggrieved by the non-grant of departmental permission to proceed on deputation to NHAI. It is further averred in the writ petition that the Petitioner had applied for deputation to NHAI on 1/12/2020 and had forwarded a copy of his application to be processed by the Border Roads Organisation. According to the Petitioner, after receiving the consent of all senior officers, including the Additional Director General Border Roads, the Petitioner's Application was forwarded to the Director General Border Roads, however, his application was rejected vide impugned letter dtd. 18/2/2021 on the ground that the Border Roads Organisation intends to post the Petitioner to a high altitude area to fill vacant positions of Executive Engineers in the ongoing Border Roads Organisation projects.

(3.) Learned counsel for the petitioner stated that the Petitioner had already completed the pre-condition of two years service in the high altitude area, as mandated under clause 7 (k) of Standard Operating Procedure on Deputation. He emphasised that the Petitioner had served three years and three months in high altitude area, five years in extremely hostile area and three years and ten months in Hard Hard Area (HHA). Consequently, he contended that the petitioner satisfied the eligibility criteria for proceeding on deputation and denial of Departmental consent on the ground that Petitioner was to be posted to a high altitude area was erroneous.