Delhi High Court
Babu P. S. vs Union Of India & Ors. on 2 March, 2021
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (C) 2809/2021, CM APPLs. 8472-74/2021
BABU P.S. .....Petitioner
Through: Mr. Deepak Prakash with
Mr. Nachiketa Vajpayee and
Ms. Divyangna Malik, Advocates.
Versus
UNION OF INDIA & ORS. .....Respondents
Through: Mr. Ripudaman Bhardwaj, CGSC
With Kushagra Kumar, Advocate.
% Date of Decision: 02st March, 2021
CORAM:
HON'BLE MR. JUSTICE MANMOHAN
HON'BLE MS. JUSTICE ASHA MENON
JUDGMENT
MANMOHAN, J (Oral):
1. The petition has been heard by way of video conferencing.
2. By way of the present petition, Petitioner seeks directions to the
Respondent Nos. 1 and 2 to promote the Petitioner to the rank of EO/SSPO
(2 IC) under the Directorate General Border Security Force, Air Wing
Officers (Group 'A' & Group 'B' posts) Recruitment Rules, 1999 read with
3.1.3 - 'Retention of Existing Eligibility Service' in the Office
Memorandum dated 31st December, 2010 issued by Department of
Personnel and Training. Petitioner also prays that his promotion in terms of
prayer (a) be considered effective from 01st January, 2021 and ahead of the
promotion of Respondent No. 3, to safeguard and maintain the seniority of
the Petitioner. Petitioner further seeks declaration that the relaxation granted
by Respondent No.1 to Respondent No.3 and the consequent promotion of
Respondent No.3 ahead of the Petitioner is in violation of the Fundamental
Rights of the Petitioner enumerated under Articles 14, 19 and 21 of the
Indian Constitution.
3. Learned Counsel for the Petitioner submits that the Petitioner is a
Logistics Officer (Deputy Commandant), Border Security Force Air Wing,
Logistics Division whose promotion to the rank of Senior Stores
Provisioning Officer has been delayed, despite meeting all the eligibility
criteria for the said promotion- including the requirement of being in ten
years of regular Group A service, in terms of Directorate General Border
Security Force, Air Wing Officers Recruitment Rules, 1999.
4. He contends that while the Petitioner's promotion is being wrongfully
delayed, Respondent No. 3, whose past service was rendered under 'Short
Service Commission' (non-regular service) and who would have been
eligible for promotion only in the year 2024, has been unreasonably
promoted ahead of the Petitioner, by granting a relaxation of more than three
years to Respondent No. 3. He submits that the said action adversely affects
the seniority of the Petitioner with respect to the next concerned post.
5. A perusal of the paper book reveals that the petitioner has made three
representations dated 3rd November, 2020, 4th November, 2020 and 01st
February, 2021 to the Director General, BSF which have not been disposed
of till date.
6. Keeping in view the aforesaid, this Court directs the Director General,
BSF to decide the aforesaid representations of the petitioner by way of a
reasoned order in accordance with law within four weeks.
7. To balance the equities, this Court directs that the decision of the DPC
as well as that of the Ministry of Home Affairs shall not be communicated to
the respondent no.3 till the aforesaid representations are disposed of and the
said decision is communicated to the petitioner. It is pertinent to mention
that the aforesaid direction has been passed as the learned counsel for the
petitioner assures this Court that respondent no.3 had been served by way of
an advance notice sent by e-mail.
8. This Court clarifies that it has not expressed any opinion on the merits
of the controversy and all the rights and contentions of both the parties are
left open.
9. With the aforesaid direction, the present writ petition along with
pending applications stand disposed of.
10. The order be uploaded on the website forthwith. Copy of the order be
also forwarded to the learned counsel through e-mail.
MANMOHAN, J
ASHA MENON, J
MARCH 2, 2021
AS
