KUMAR J Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner, Kumar J. - Constable (Crew) was enrolled with effect from 6th October, 1997 as constable (General Duty) in the Border Security Force and was posted to the different position. Subsequently, by an order dated 1st July, 1998, the petitioner was posted against the vacancy of Lance Naik (Workshop) though he continued to hold the substantive rank of Constable (GD). THE petitioner claims that he was permanently absorbed in this position which is disputed by the respondents. Inasmuch as the issue of absorption in the Water Wing not relevant for the purposes of adjudication of the prayer made in the writ petition, we are not commenting on this issue.

(2.) WHILE posted with 45 Battalion, Border Security Force on 2nd May, 2005, the petitioner made a representation to the Director General, Border Security Force for promotion to higher rank through proper channel. It is undisputed that by a communication dated 31st May, 2005, the petitioner was duly intimated that there was no provision for selection/permanent absorption in the higher rank. The Border Security Force Headquarters had suggested that the petitioner could appear in the direct recruitment process for the post of Head Constable (Workshop).

(3.) THE petitioner agitated the denial of consideration for direct recruitment to the post of Head Constable (Workshop) to the respondents which was not accepted. THE present writ petition was filed in this background challenging the action of the respondents in denying him the admit card.