RAVI PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Both these matters raise a common question regarding determination of seniority of Emergency Commissioned Officers (ECOs) and Short Service Commissioned Officers (SSCOs) who were recruited as Assistant Commandants in the Border Security Force after their release from the Army. The question is whether the said Officers are entitled to count the service rendered by them in the Army for the purpose of fixation of their seniority in the Border Security Force.

(2.) In the wake of the Chinese aggression in 1962, in order to meet the shortage of Commissioned Officers in the Indian Army, the Government of India started a special scheme to select officers through Service Selection Board and granting them Commission in the Indian Army. Such Commissioned Officers were called Emergency Commissioned Officers (ECOs). In 1965, in addition to the Emergency Commissioned Officers the system of Short Service Commission (SSC) was introduced. The initial period of such Commission was 5 years but it was extendable for another 5 years depending on the requirement/suitability of the officer. After the expiry of the initial period of 5 years, the officer even if granted extension, could request for release during the extended period at any stage. After the expiry of the extended period, he was to be released unless he was found acceptable for grant of permanent Commission in the Indian Army and was granted permanent Commission.

(3.) The Border Security Force is one of the paramilitary forces of the Government of India. It was constituted in 1965. It was initially governed by Central Reserve Police Force Rules, 1955 (hereinafter referred to as the CRPF Rules) made under the provisions of the Central Reserve Police Force Act, 1949. For that purpose Chapter XXV (Rules 112 to 116) was inserted in the CRPF Rules on December 21, 1966. The said Chapter bears the heading "Special Provisions relating to Border Security Force" Rule 113 thus introduced made provision for appointment and promotion of superior officers. Sub-rule (2) of Rule 113 related to appointment on the posts of Deputy Commandant, Assistant Commandant or Adjudant or Joint Assistant Directors or other equivalent rank and sub-rule (3) related to appointment oft the posts of Company Commanders, Quarter-masters and Junior Staff Officers and other posts in the force equivalent thereto. On May 11, 1967, the CRPF Rules were further amended and Clause (ivA) was inserted in sub-rule (3) of Rule 113 and thereby provision was made for appointment of ECOs and SSCOs who were commissioned on or after November 1,1962 and were released at any time thereafter. A similar provision was contained in clause (ivA) introduced in sub-rule (4) of Rule 105 of the CRPF Rules which provided for appointment to the post of Company Commanders or Quarter-master in Battalians other than Signal Battalians or Assistant Principal Central Training College in the Central Reserve Police Force. On September 2,1968, Parliament enacted the Border Security Force Act, 1968 (hereinafter referred to as the BSF Act) to provide for the constitution and regulation of an armed force of the Union for ensuring the security of the borders of India and for matters connected therewith. Sub-section (1) of Section 141 of the BSF Act empowers the Central Government to make rules for the purpose of carrying into effect the provisions of the said Act. Clause (b) of sub-section (2) of Section 141 confers the specific power to frame rules to provide for the enrolment of persons to the force and the recruitment of other members of the Force. Clause (c) of sub-section (2) of Section 141 confers the power to make rules providing for conditions of service (including deductions from pay and allowances) of the members of the Force. Under sub-section (2) of Section 142 members of the Border Security Force in existence at the commencement of the Act are deemed to have been appointed or, as the case may be, enrolled as such under the Act.