SWAPAN KUMAR MALIK Vs. UNION OF INDIA

JUDGEMENT

(1.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of order dated 21.10.2013 and further seeks a direction to the respondents to issue no objection certificate (NOC) in favour of the petitioner enabling his absorption in National Highway Authority of India (NHAI). Petitioner had joined Border Roads Organization (BRO), which is also known as General Reserve Engineering Force (GREF) as an Assistant Executive Engineer (Civil) in the year 1995. In the course of his service, he was promoted to the post of Executive Engineer (Civil) in the year 2003.

(2.) An advertisement was issued by the NHAI, which was published in the Employment News in its issue dated 9th to 15th January 2010, inviting applications from Officers under the Central/State Government departments/Autonomous bodies/Public Sector undertakings for appointment on deputation basis to the post of Deputy General Manager (Technical). Number of vacancies notified was 86.

(3.) Since the offer was found to be lucrative and would be a step in the career progression of the petitioner and as he fulfilled the eligibility conditions, he responded to the said advertisement and appeared in the selection. Petitioner was found suitable and offered appointment by the NHAI. He was relieved by his parent department, i.e., BRO, on 19.07.2010. Thereafter, office order dated 13.09.2010 was issued by the NHAI appointing the petitioner as Deputy General Manager (Technical) on deputation basis, w.e.f. 20.07.2010 initially for a period of 3 (three) years or until further order(s), whichever was earlier.