SABIBAR RAHMAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. J. Islam, the learned counsel for the petitioner as well as Mr. G Pegu, the learned CGC for the respondents.

(2.) The case of the writ petitioner in brief is that he applied for the post of Clerk (Staff Duty) in the Indian Army in the open rally held on 13.02015 at Khunsa in the State of Arunachal Pradesh. The petitioner came out successful in the open rally after participating in the physical test and medical examination and was issued an Admit Card, whereby, the date for written examination was fixed for 31.05.2015. Upon undertaking the said examination, the name of the petitioner appeared in the list of successful candidates (Annexure-4) and his name appeared at Serial No. 447 of the merit list. Not having received any communication from the respondent authorities for a long time, the petitioner, on 15.02016 approached the respondent No.3 to find out when he will be dispatched for the training. The respondent No. 3 then asked the petitioner to report to the Army Recruiting Officer, Narangi on 18.03.2016 for medical examination.

(3.) The petitioner, accordingly, appeared before the said authority and got himself medically re-examined and upon such examination, the petitioner was found to be fit. However, while the petitioner was expecting to be despatched for the training, he received a communication dated 205.2016 (Annexure-8) which was in reply to the application submitted by the petitioner for allowing him to join in the post of Clerk (Staff Duty). A communication dated 30.04.2016 (Annexure-9) was enclosed in the letter dated 205.2016, whereby, it was stated that the Army Recruiting Office on 31.07.2015 had intimated the petitioner to report to the said office on 01.09.2015 but as the petitioner failed to report on the given date and since nothing was heard from him till 30.11.2015, the petitioner was contacted over phone in the month of Dec., 2015, wherein, it was found that the petitioner was outstation and had gone to Goa looking for a job. In such circumstances, it was communicated that the despatch period had expired and that he was no longer eligible to be despatched for the training. Aggrieved, the petitioner is before this Court.