DHIRENDRA CHHETRI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner, who is serving on the post of Junior Engineer (Civil) with the General Reserve Engineer Force (for short 'GREF'), has filed the instant writ petition impugning the order dated 3.10.2012, Annexure P14, whereby the respondentAuthorities have declined his request for issuance of 'No Objection Certificate' to join the equivalent post of Junior Engineer (Civil) in Payjal Nigam, Uttrakhand. Further challenge is to the policy dated 21.5.2010, Annexure P3, whereby a ban on outside employment has been imposed and in the light of which the impugned order dated 3.10.2012, Annexure P14, has been passed.

(2.) Brief facts of the case are that the petitioner is serving with the GREF which is a Border Roads Organization. The petitioner who hails from the State of Uttrakhand qualified the three years diploma in Civil Engineering from the Board of Technical Education (UP) in the year 1995. He was selected and appointed on the post of Overseer in GREF on 9.12.1998. The post of Overseer stands re-designated as Junior Engineer (Civil).

(3.) It has been submitted that the petitioner submitted an application dated 11.6.2012 for issuance of a 'No Objection Certificate' to his present employer i.e. GREF to facilitate his joining on the post of Junior Engineer (Civil) in the Uttrakhand State. As the requisite 'No Objection Certificate' was not forthcoming, the petitioner filed Civil Writ Petition No.18013 of 2012 in this Court and the same was disposed of vide order dated 13.9.2012 with a direction to the Director General Border Roads Organization to consider and take a final decision as regards issuance of 'No Objection Certificate' to the petitioner. It is in the light of such factual backdrop that the impugned order dated 3.10.2012, Annexure P14, has been passed by the Director General Border Roads Organization declining the issuance of 'No Objection Certificate'.