UMAKANT PANDEY Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved by the posting of Colonel P.D. Naidu (respondent No. 3) as Chief Engineer, Project Vartak in anticipation of his promotion to the acting rank/local rank of Brigadier, the petitioner is filing this writ petition to challenge such posting and to direct the respondent authorities to allow the senior most officer in the hierarchy of Project Vartak take over the charge of Chief Engineer, Project Vartak from the present incumbent on his moving out.

(2.) Shorn of unnecessary details, the case of the petitioner is that he belongs to the Civil Engineer Cadre of Border Roads Engineering Service (BRES) of the Border Roads Organization (BRO) which is under the organization known as Border Roads Development Board (BRDB) in the department of Ministry of Road Transport and Highways. The Head of the BRES service is Director General, Border Roads Organis -ation, the post currently held by an Army Officer in the rank of Lt. General on loan basis and there is no recruitment rule for the post and the same is under the challenge in the Delhi High Court. In so far as the GREF is concerned, as per the policy decision of the Government of India, the General Reserve Engineering Force (GREF) is formed with personnel primarily drawn from two sources namely, (a) Officers and men directly recruited:, (b) Personnel on deputation from Central Ministries, State Government, local bodies and Corporations.

(3.) Apart from the GREF manpower, Government of India in the Border Road Development (BRDB) also hired the service of the Defence Forces in early years of GREF raising, but the personnel of the Defence Forces working with BRDB do not form a part of GREF, which is a civil work force under the Department of Ministry or Road Transport and Highway and not a regiment or Department of Military under Ministry of Defence. In the year 1986, on the recomm -endation of the 4th Central Pay Commission, the posts of Chief Engineer (Civil) Grade -I and Chief Engineer (Civil) Grade -II were merged into one Grade of Chief Engineer (Civil) in the pay scale of Rs. 5900 -200 -6700. An amendment to that effect was already published in the Gazette of the Government of India dated 5.11.1988. The eligibility condition for recruitment to the Chief Engineer post in case of recruitment by promotion is restricted to BRES officers only: Superintending Engineering (Civil) with 8 years regular service in the grade, including service if any in the non functional selection Grade or 17 years regular service in Group 'A' of BRES (Civil) out of which 4 years be in the grade of Superintending Engineer. Officers should have had two years experience as Task Force Commander in the rank of Superintending Engineer (Civil) to be eligible for promotion. In the case of recruitment by posting from Army on deputation or transfer, the post is to be filled by officers in the rank of Brigadiers.