SUBHASAY BARA CONSTABLE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is before this Court praying that respondent Nos. 2 and 3 be directed to issue fresh appointment letter for the post of ASI (Clerk/typist) to SI/clk alongwith promotion and back wages since 1995. The petitioner also prayed for a writ/ order commanding the respondents to accept appointment letter dated 27. 3. 1995 as legal and valid, appointing the petitioner on the post of ASI (Clerk/typist) to SI/clk alongwith promotion and back wages since 1995. Last but not the least, the petitioner also prayed for issuing a writ of Certiorari or a writ in the nature of Certiorari quashing and setting aside order passed by respondent No. 4 dated 5. 4. 1995 cancelling the appointment of the petitioner and order dated 19. 10. 2006, whereby the representation of the petitioner was rejected by respondent No. 2.

(2.) THE present petition was filed on 15. 2. 2007, it came up for admission hearing on 4. 4. 2007. The Court issued notice returnable on 1. 5. 2007. In response to the notice issued by this Court, the respondents filed their appearance and one Sunil Kumar Hazra, working as Group Commandant, Central Industrial Security Force, Group Headquarters, Ahmedabad filed affidavit-in-reply dated 13. 7. 2007 on behalf of the respondents. On 21. 11. 2007, the matter was adjourned to 28. 11. 2007 to enable the learned Standing Counsel for Union of India to produce the original files for perusal of the Court.

(3.) TODAY, when the matter is taken up for hearing, the learned counsel appearing for the petitioner invited attention of the Court to the facts of the case, which are as under: