IN THE HIGH COURT OF DELHI AT NEW DELHI
WRIT PETITION(C) NO.1493 of 2000
AJAY KUMAR NARULA ..... Petitioner
versus
UNION OF INDIA & ORS. .... Respondents
Date of Decision: April 12, 2012
Advocates who appeared in this case:
For the Petitioner : None.
For the Respondents : Thakur Virender Pratap Singh Charak
Mr. Pushpender Charak &
Ms. Shubhee, Advocates
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
HON'BLE MR. JUSTICE SUDERSHAN KUMAR MISRA
ANIL KUMAR,J.
1. The petitioner has challenged the letter dated 15th February, 2000, issued by the Commandant (Staff Selection), Border Security Force, for obtaining option for the permanent absorption of the officers in the Electrical Cadre stipulated in the said letter.
2. The grievance of the petitioner is that the respondents should be stopped from blocking the promotional avenues of the petitioner by WPC No.1493/2000 Page 1 of 4 bringing outsiders in the cadre of the petitioner. According to the petitioner, there are two different cadres in the Border Security Force, one cadre is called the Engineering Cadre and the other is known as General Duty cadre.
3. In the Engineering Cadre, there are two branches, namely, Civil and Electrical, and the petitioner allegedly belongs to the Electrical Branch of the Engineering Cadre. The petitioner further asserted that on 9th February, 1993, he was appointed as Sub Inspector / Junior Engineer (Electrical) in the Engineering Cadre, as a direct recruit. After working for three years as SI/JE(E) in the Engineering Cadre, the petitioner became eligible to become an Inspector / JE (E) in the Engineering Cadre, and he was not required to qualify any test or any study course for becoming an Inspector /JE(E). According to the petitioner, he was entitled for promotion as an Inspector / JE(E) on the basis of seniority - cum - selection. The petitioner was aggrieved on account of option obtained from the cadre of General Duty officers which was sought by the respondent by letter dated 15th February, 2000, which has been challenged by the petitioner. The petitioner also contended that for promotion in the Engineering Cadre, the Inspector / JE(E) as also the Assistant Engineer (Electrical)/AC were entitled for consideration. WPC No.1493/2000 Page 2 of 4
4. No one is present on behalf of the petitioner.
5. Learned counsel for the respondents contends that the petitioner perhaps is not interested in pursuing the matter anymore as the petitioner was promoted from Inspector / JE(E) to the rank of Assistant Engineer (E)/Assistant Engineer in BSF Engineering Sector pursuant to order dated 26th December, 2006. A copy of the said order has also been produced by the learned counsel for the respondents disclosing that the petitioner's name appears at Sl. No. 8 depicting that the petitioner had been promoted to the rank of Assistant Engineer (Electrical).
6. Learned counsel for the respondents has also contended that besides the promotion to the post of Inspector, the petitioner has got other promotions as well.
7. In the circumstances, this Court is left with no option but to dismiss the writ petition in default of appearance of the petitioner and his counsel.
8. The writ petition is, therefore, dismissed in default.
9. The interim order dated 3rd April, 2000 directing that any action taken by the respondents in pursuance to the letter dated 15th February, 2000 shall be subject to the outcome of the writ petition, is WPC No.1493/2000 Page 3 of 4 vacated.
10. The pending applications are also disposed of.
ANIL KUMAR, J.
SUDERSHAN KUMAR MISRA, J.
APRIL 12, 2012 sl WPC No.1493/2000 Page 4 of 4