SUMIT JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE two Commandants with the Sashastra Seema Bal (SSB) by this petition impugn the SSB Group ,,A Combatised (General Duty) Officers Recruitment Rules, 2004 to the extent that they allow promotion to the Combatised rank of Deputy Inspector General (DIG), also of the Area Organizers belonging to the non-combatised cadre of SSB. The challenge is on the ground that such merger at the post/rank of DIG of separate and distinct combatised and non-combatised cadres having distinct recruitment and service rules and having the effect of a non-combatised employee of SSB, commanding the combatised personnel and also of court-martialling them without himself being subject thereto, is arbitrary.

(2.) NOTICE of the petition was issued. The application of the petitioners seeking interim stay of promotion of non-combatised personnel to the post of DIG was disposed of vide order dated 8 th February, 2011 to the effect that actions taken in pursuance to the Rules under challenge shall be subject to the result of the writ petition. Counter affidavit has been filed on behalf of the respondents and to which rejoinder has been filed by the petitioners. The counsels have been heard.

(3.) THE petitioners in their rejoinder plead:-