MR.SUMAN SHYAM,J. - (1.) AND ORDER (Oral) - Heard Dr. B. Ahmed, learned counsel for the petitioner. Also heard Mr. A.C. Kalita, learned Central Government Counsel, appearing on behalf of the respondents.
(2.) The writ petitioner herein was earlier in the service of Border Roads Organisation (BRO) under the GREF and was posted as an Overseer in the year 1996. Thereafter, the petitioner had acquired the degree of Graduate Civil Engineer and hence, he was promoted to the post of Superintendent, BR-II on 25.01.2004. On 03.01.2001 the petitioner had made an application before the Officer Commanding, HQ 55 RCC(GREF) C/O 56 APO, i.e. respondent No. 5, seeking no objection of the department permitting him to apply for the post of Junior Engineer (Civil) in the Irrigation Department under the Government of Uttar Pradesh in terms of the Advertisement No. A-3/E- 1/2000 (Annexure-1 to the writ petition) published by the Uttar Pradesh Public Service Commission. On the basis of the application dated 03.01.2001, the respondent No.5 had issued an "NOC" in favour of the petitioner on 06.01.2001 and the petitioner had participated in the selection process conducted by the UPPSC for the post of Junior Engineer (Civil). The petitioner had eventually come out successful in the selection process and the Chief Engineer, Irrigation Department, had accordingly issued appointment order dated 26.06.2006 in favour of the writ petitioner. Immediately on receipt of the appointment order, the petitioner had submitted a letter dated 03.07.2006 intimating the respondent No.5 about his appointment as Junior Engineer (Civil) in the Uttar Pradesh Irrigation Department with a request to release him from duty on or before 10.07.2006 after completing the official formalities. However, the request for release made by the petitioner by the letter dated 03.07.2006 was rejected by the communication dated 18.07.2006 issued by the respondent No. 5. Hence this writ petition.
(3.) Dr. B. Ahmed, learned counsel for the petitioner, submits that notwithstanding the rejection order dated 18.07.2006 the petitioner went ahead and joined the post of Junior Engineer (Civil) in the Irrigation Department, Government of Uttar Pradesh. However, in the absence of release order issued by his previous employer i.e. the respondent No. 2 the petitioner will not be entitled to the benefit of the past service rendered by him under the respondents since his initial joining in the year 1996.;