WP(C) No. 72 of 2013 Page 1 of 13

THE HIGH COURT OF MEGHALAYA

AT SHILLONG.

WP(C) No. 72 of 2013

No. G/134688 Rfn (GD) R Ramu,

S/o Late R.P. Naidu,

Presently residing at

Plot No. 8, Syamala Nagar Colony

Shivarampalli, Rajendra Nagar Mondal,

Ranga Reddy District,

Andhra Pradesh

::::::: Petitioner

-Vrs-

1. The Union of India, represented by the

Secretary to the Government of India,

Ministry of Home Affairs, North Block,

New Delhi, Pin – 110001

2. The Director General Assam Rifles,

Mahanideshalaya

(The Directorate General Assam Rifles)

Shillong, Meghalaya, Pin – 793011

3. The Commandant,

13^th Battalion, the Assam Rifles

C/O 99 APO, Pin- 932013

4. The Director,

Sardar Vallabhbhai Patel National Police

Academy, Hyderabad, Andhra Pradesh,

Pin - 500052

::::::: Respondents

BEFORE

THE HON’BLE MR JUSTICE SR SEN

For the Petitioner

:

Mr. H.G. Baruah, Adv.

For the Respondent s

:

Mr. S.C. Shyam, Sr. Adv

Hearing concluded

:

05.05.2015

Date of Judgment & Order :

05.05.2015

WP(C) No. 72 of 2013 Page 2 of 13

JUDGMENT AND ORDER (ORAL)

The petitioner’s case in a nutshell is that:

“The petitioner was enrolled in Assam Rifles No. 03/07/1994 as a

Rfn (GD). While posting with Assam Rifles Administrative Support Unit,

Happy Valley, Shillong, the Directorate General Assam Rifles (herein after

referred as HQ D.G.A.R sent him on deputation to SVPNPA (herein after

referred as SVPNPA) for a period of 3(three) years w.e.f. 13.12.2005. His

performance in the SVPNPA was found very exceptional. By a letter dated

the 27^th day of January, 2009, the Director, SVPNPA informed HQ D.G.A.R.

that as per deputation Policy of the Ministry of Home Affairs, the

deputation period of Central Armed Police Forces Personnel may be

extended upto a maximum period of 5(five) years and as academy is

facing acute shortage of constables for want of nomination from the Central

Armed Police Forces, he request HQ D.G.A.R. to extend the deputation

period of the petitioner.

By a letter dated the 6^th day of May, 2009, the Director, SVPNPA

informed the HQ D.G.A.R that they are utilizing the service of the petitioner in

Motor Training Branch and he is involved in various training related duties

and academy seeks absorption of personnel at the level of constables who

possess proven skill and further informed him that constable R. Ramu

possesses the requisite proven skills in driving, maintenance and

mechanism of light, medium and heavy vehicles, which is very useful to

the academy and request the HQ D.G.A.R. to absorb him as constable

(Driver) in the SVPNPA in the public interest. The Director, SVPNPA by a

letter dated the 3^rd day of July, 2009, informed the HQ D.G.A.R that a

committee headed by Joint Director and other three Senior IPS Officers have

conducted a test on the performance of Rifleman R Ramu and has

graded him the best performer in the Motor Mechanism filed and

therefore the committee has recommended for permanent absorption of

the petitioner and further requested the Directorate General Assam Rifles in

the interest of the academy to issue „No Objection Certificate‟ for his transfer

to the academy.

By a letter dated the 31^st day of July, 2009, the Directorate

General Assam Rifles informed the Director, SVPNPA that permanent

absorption and extension of tenure beyond permissible limit is not permitted

and the Assam Rifles is agreeable to discharge Rfn (GD) R Ramu for him to

WP(C) No. 72 of 2013 Page 3 of 13

re-employ him at his Organization and request hi