LAWS(DLH)-2015-4-4

LT COL SK AHLUWALIA Vs. UNION OF INDIA

Decided On April 07, 2015
Lt Col Sk Ahluwalia Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THE petitioner has filed the instant writ petition praying for issuance of a writ of mandamus directing the respondents to permanently absorb the petitioner in the office of the Director General Quality Assurance (DGQA) as well as for issuance of a writ of certiorari to quash the recommendations of the Assessment Board (QASB) in the meeting held on August 11, 2011 in which the petitioner has not been recommended for permanent absorption in DGQA as also for quashing the posting order dated October 17, 2013 under which, reverted to the Indian Army, the petitioner has been given the place of posting.

(2.) BRIEF facts relating to the case are that the petitioner was commissioned in the Indian Army and was sent on deputation to the office of the Director General Quality Assurance on January 28, 2009. During this tenure the petitioner was posted at CQA (AVL), Awadi from January 28, 2009 to November 29, 2011. A second tenure, in continuation of the first, was given to the petitioner by being continued on deputation with DGQA from November 30, 2011 to November 22, 2013 but at the Head Quarter (DQA) (L) Delhi.

(3.) ON completion of the second tenure, after serving for a total duration of 5 years in DGQA, the petitioner was sent back to his parent organization i.e. the Indian Army since the petitioner had completed the maximum period of 5 years on deputation with DGQA.