ARABINDA BORO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. P J Phukan, learned counsel for the petitioner and Mr. S.P. Choudhury, learned CGC appearing for all the respondents.

(2.) The case of the petitioner briefly is that he was engaged as a driver under the National Power Training Institute (NPTI), North Eastern Region, Guwahati, Assam which is under the Ministry of Power, Govt. of India through an outsourced agency i.e., M/s. Mahesh Travels, Guwahati. Thereafter, from 1/5/2009, he was working directly as driver under the NPTI without break. According to the petitioner, the NPTI also bought a Tavera vehicle, sometime in the year 2008 to 2009 for the petitioner to drive.

(3.) While the petitioner was serving under the NPTI, an advertisement was floated in the Assam Tribune dtd. 22/9/2013 by the NPTI, inviting tender for providing man-power services on contract basis. Following the advertisement, a Memorandum dtd. 31/12/2013 was issued by the Assistant Director of NPTI wherein, it was indicated that the period of contract services of the petitioner as driver ended on 31/12/2013. It was further shown that the NPTI has awarded contract for supply of man-power including drivers to M/s. Brahmaputra Enterprise, Beltola, Guwahati w.e.f. 1/1/2014 and that no further extension of contract service of the petitioner would be considered. However, as a good gesture, the NPTI had instructed M/s. Brahmaputra Enterprise to engage the persons who were working earlier on contract basis with NPTI and that the petitioner may also avail such opportunity. In fact, the same was already conveyed to him during the meeting held on 23/12/2013 in the presence of M/s. Brahmaputra Enterprise. Aggrieved with such action, the petitioner is before this Court.