Point of Law : Article 14 does not envisage negative equality but has only a positive aspect. Thus, if some other similarly situated persons have been granted some relief/benefit inadvertently or by mistake, such an order does not confer any legal right on others to get same relief as well. If a wrong is committed in an earlier case, it cannot be perpetuated.

JUDGMENT :

MANMOHAN, J.

1. Present writ petition has been filed challenging the rejection letter dated 18th February, 2021 and the show cause notice dated 10th January, 2022. Petitioner also seeks directions to the respondent/ Border Roads Organisation to allow the Petitioner’s application for deputation to the National Highways Authority of India [NHAI] on the ground of parity.

2. In the writ petition, it has been averred that the Petitioner is an Executive Engineer (Civil) in the Border Roads Organisation and is aggrieved by the non-grant of departmental permission to proceed on deputation to NHAI. It is further averred in the writ petition that the Petitioner had applied for deputation to NHAI on 1st December, 2020 and had forwarded a copy of his application to be processed by the Border Roads Organisation. According to the Petitioner, after receiving the consent of all senior officers, including the Additional Director General Border Roads, the Petitioner’s Application was forwarded to the Director General Border Roads, however, his application was rejected vide impugned letter dated 18th February, 2021 on the ground that the Border Roads Organisation intends to post the Petitioner to a high altitude area to fill vacant positions of Executive Engineers in the ongoing Border Roads Organisation projects.

ARGUMENTS ON BEHALF OF THE PETITIONER

3. Learned counsel for the petitioner stated that the Petitioner had already completed the pre-condition of two years service in the high altitude area, as mandated under clause 7 (k) of Standard Operating Procedure on Deputation. He emphasised that the Petitioner had served three years and three months in high altitude area, five years in extremely hostile area and three years and ten months in Hard Hard Area (HHA). Consequently, he contended that the petitioner satisfied the eligibility criteria for proceeding on deputation and denial of Departmental consent on the ground that Petitioner was to be posted to a high altitude area was erroneous.

4. Learned counsel for the Petitioner further stated that the strength of Executive Engineers (Civil) in the Border Roads Organisation is in excess of the strength of Executive Engineer posts. In support of his contention, he relied upon the spar ability certificate issued by the Respondent itself. Thus, according to him, allowing the Petitioner to proceed on deputation would not lead to any deficiency in the cadre strength of Executive Engineers in Border Roads Organisation.

5. Learned counsel for the Petitioner stated that it was not open to the Petitioner to withdraw his application for deputation and if the same was withdrawn, it would be prejudicial to the interest of the petitioner. He pointed out that as per Clause 2 of the Important Instructions of the Advertisement floated by NHAI, the applicants were barred from withdrawing their candidature.

6. Learned counsel for the Petitioner stated that on 30th December, 2021 and 4th January, 2022, the Petitioner requested the Department to reconsider and allow the Petitioner’s application for deputation. He pointed out that rather than processing the Petitioner’s requests in accordance with the similarly placed Officers, the Border Roads Organisation issued a show cause notice dated 10th January, 2022, alleging that the Petitioner had appeared before the NHAI Interview Board on 19th April, 2021 without obtaining prior approval whereas the request of similarly placed officers had been acceded to in the past.

7. He pointed out that in the case of a similarly placed person i.e. Ram Asra Khural, who was also an Executive Engineer (Civil) in the Border Roads Organisation and had sought deputation to NHAI, the Gauhati High Court in W.P.(C) 2804 of 2020 had struck down high altitude area postings as a reason to deny permission for deputation given that many others had been granted permission to go on deputation. He stated that the decision of learned Single Judge in W.P.(C) 2804 of 2020 was confirmed by the Divisi