U O I Vs. R K SHARMA

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 04.01.2012 in O.A. No. 3068/2011. The respondent had challenged the order dated 18.04.2011 whereby the ratio of the quota for promotion to the post of DIG between Area Organizers and Commandants had been altered from that prescribed under the relevant recruitment rules being the Sashastra Seema Bal Group A Combatised (General Duty) Officers Recruitment Rules, 2004.

(2.) IT is an admitted position that as per the existing recruitment rules 19 posts of DIG were available. Out of these 19 posts 60% were to be through promotion and the remaining 40% were to be on deputation from IPS. We are here concerned with the manner in which the 60% quota of promotion is to be distributed amongst the Area Organizers and Commandants. As per the existing recruitment rules 60% of 19 posts of DIG translates to 11 posts which are to be filled through promotion. Out of these 11 posts 7 have been earmarked for promotion from Commandants and the remaining 4 posts from the Area Organizers. In other words, although there is no percentage prescribed as to the quota for Area Organizers and Commandants, there is distinct ratio of 7:4 between the Commandants and Area Organizers prescribed in the recruitment rules itself.

(3.) INSOFAR as the recruitment rules are concerned, we are informed by the petitioner that there is a proposal for amending the recruitment rules taking into account the increase in the size of the entire organization as also the relative strengths of Area Organizers and Commandants. However, the proposed recruitment rules have not yet been put in place.