Anil Kumar Sharma vs National Highways Authority Of India

L. Narasimha Reddy, J

The applicant was working as Executive Engineer in the Military Engineering Service. At that stage, he came on deputation to the National

Highways Authority of India (NHAI) as General Manager (Technical) in the year 2010.

The respondents initiated steps for appointment to the post of Chief General Manger (Technical) with internal candidates or by deputation. The

applicant responded to the advertisement as an outside candidate, and sought appointment on deputation basis. In the meanwhile, he was permanently

absorbed in the services of NHAI through order dated 23.06.2018.

The Screening Committee met on 14.03.2018 for the purpose of selection of candidates for the post of CGM (Technical). The applicant was found

not eligible for the said post. He made a representation on 07.08.2018. Before any action could be taken thereon, the respondents have withdrawn the

advertisement through order dated 08.04.2019. However, on 14.05.2019, the advertisement was revived. On the next date itself, i.e., 15.05.2019, the

applicant submitted a representation ventilating his grievance. This OA is filed challenging the minutes of the Screening Committee dated 14.03.2018

through which the applicant was declared as not qualified. Other ancillary reliefs were also prayed for.

We heard Shri S. K. Gupta, learned counsel for the applicant and Shri Hanu Bhaskar, learned standing counsel for the respondents.

Though the advertisement for the post of CGM (Technical) was issued in the year 2017, the selection could not be finalised for one reason or the

other. The Screening Committee shortlisted the candidates in its meeting held on 14.03.2018. The applicant was found not eligible and aggrieved by

that he made a representation.The advertisement itself was withdrawn earlier, but shortly thereafter it was revived. The applicant has also repeated

his representation on 15.05.2019.

One of the requirements under Section 20 of the Administrative Tribunals Act, 1985, is that an employee can approach the Tribunal only after

exhausting the available remedies. Though sub-section (3) thereof makes it clear that submission of a memorial to the President of India or Governor

of a State cannot be deemed to be a remedy by itself, the applicant has to wait till the respondents take a stand on the representation dated

15.05.2019.

We, therefore, dispose of the OA directing the respondents to pass orders on the representation dated 15.05.2019 submitted by the applicant, within

a period of three weeks from the date of receipt of certified copy of this order. It shall be open to the applicant to pursue remedies, depending upon

the nature of order, which the respondents may pass. There shall be no order as to costs.