Delhi High Court
Amrendra Kumar & Ors. vs Union Of India & Ors. on 8 December, 2021
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 08.12.2021
+ W.P.(C) 12710/2021 & CM 40005/2021
AMRENDRA KUMAR & ORS. ..... Petitioner
Through Ms.Saahila Lamba, Adv.
versus
UNION OF INDIA & ORS. ..... Respondents
Through Mr.Sanjeev Uniyal, Mr.Dhawal
Uniyal, Advs. for UOI.
Mr.Hemendra, Law Officer.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MR. JUSTICE NAVIN CHAWLA
MANMOHAN, J. (Oral)
1. Present writ petition has been filed challenging the order dated
21st September, 2021 rejecting the representation of the petitioners
against the Office Memorandum dated 16th October, 2020 and Signal
dated 30th June, 2021 whereby the post of Constable/Kahar has been
merged with the post of Constable (Kitchen Services). Petitioners also
seek a direction to the respondents to either continue the petitioners on
the post of Constable (Kahar) or assign them to any post in para
medical cadre of Border Security Force.
2. Learned Counsel for the Petitioners states that the order dated
21st September, 2021 passed by the Commandant 37 BN BSF is totally
Signature Not Verified
Digitally Signed
Signing Date:10.12.2021
11:20:58
illegal inasmuch as this Court had directed the Director General, BSF
to decide the previous writ petition, being WP(C) 9192/2021, as a
representation. According to her, the Commandant 37 BN BSF had
no authority/jursidiction whatsoever to deal and decide the said
representation/previous writ petition.
3. Learned counsel for the Petitioners also states that the order
dated 21st September, 2021 rejecting the writ petition/representation of
the petitioners has not dealt with any ground raised by the petitioners
in their writ petition/representation. She states that the impugned order
has been passed solely on the ground that no instructions or
Recruitment Rules had been received departmentally by the FHQ,
BSF.
4. Today, Mr.Hemendra, Law Officer BSF, states that the order
dated 21st September, 2021 has been erroneously issued by the
Commandant 37 BN BSF. He assures and undertakes to this Court that
in accordance with the order dated 27th August, 2021 passed by this
Court in WP(C) 9192/2021 the representation of the petitioners shall
be decided by the Director General, BSF.
5. The undertaking given by Mr.Hemendra, Law Officer is
accepted by this Court and the respondents are held bound by the
same.
6. Accordingly, writ petition is disposed of by setting aside the
order dated 21st September, 2021 passed by the Commandant 37 BN
BSF. The Director General, BSF is directed to decide the
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Digitally Signed
Signing Date:10.12.2021
11:20:58
representation/previous writ petition, being WP(C) 9192/2021, filed
by the petitioners challenging the merger of the post of
Constable/Kahar with the post of Constable (Kitchen Services) by way
of a reasoned order within six weeks.
7. With the aforesaid directions, present writ petition stands
disposed of.
MANMOHAN, J
NAVIN CHAWLA, J
DECEMBER 8, 2021
RN
Signature Not Verified
Digitally Signed
Signing Date:10.12.2021
11:20:58
