SUBODH ROKADE Vs. UNION OF INDIA

JUDGEMENT

(1.) Present writ petition has been filed challenging the letter dated 14th January 2020 and/or prior and post seniority lists issued by Personnel Directorate, BSF. Petitioner seeks direction to the Respondents to re-draw the seniority list and grant seniority to the Petitioner/Petitioner's batch over the promoted inspectors/ Promotee Officers.

(2.) Learned counsel for the Petitioner states that the Petitioner was declared successful for appointment to the post of Assistant Commandant on 02nd November 2004 when the final result of the UPSC CPF (Assistant Commandants) Examination- 2003 was declared. He, however, states that the Petitioner was offered appointment to the post of Assistant Commandant in BSF in 2005. He states that in the interregnum, around 102 Inspectors were promoted to the rank of Assistant Commandant on 10th August 2005 against the promotion quota for which DPC was conducted on 26th May 2005.

(3.) Learned counsel for the petitioner points out that even though the Petitioner's selection was prior to the promotion of the promotee Inspectors/ promotee Officers, yet they were placed above the Petitioner's batch in the seniority list circulated by Personnel Directorate, BSF, as circulated vide the impugned letter. He emphasises that these Promotee Officers have been placed from seniority No. 1477 to 1527, whereas the Petitioner's seniority No. is 1561 in the said list.