R.K. NIMORIA Vs. UOI

JUDGEMENT

(1.) BY way of instant writ petition, filed in the year 2006, the petitioner claims that his right to be promoted to the rank of Inspector with effect from 12.12.1971 has been violated. He alleges that his batch mates who were of 1968 batch and junior to him as Sub-Inspectors were promoted on said date without his knowledge and behind his back. The petitioner has also prayed for his further consequential promotions as Assistant Commandant, Deputy Commandant, Second in Command and Commandant with effect from 14.06.1976, 20.05.1986, 07.08.1984 and 23.10.1996 respectively.

(2.) IT is obvious that said prayer is founded on his claim for promotion with effect from 12.12.1971. The further consequential prayer made by the petitioner in the writ petition is for re-fixation of his pension accordingly. The petitioner has also questioned the order No. 31/26/87-Pers/ BSF/2057, 058 dated 29.05.2001, by which his claim for ante-dating his promotions and hence re-fixation of pay has been rejected. The petitioner has also asked for deletion of word notional from the orders dated 16.12.1998 and 24.03.1999 i.e. the orders under which he was promoted firstly as an Assistant Commandant with effect from 1.4.1987 and then as a Deputy Commandant with effect from 13.12.1993.

(3.) THE petitioner was considered for promotion as Inspector by DPC held in Srinagar Frontier on 09.10.1975. The said DPC recorded following remarks against the name of the petitioner:-