OM PRAKASH Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner, a Sub Inspector in Border Security Force, has sought direction against Director General, Border Security Force and the Inspector General (Communication & IT) not to discriminate the petitioner in promotion to the rank of Inspector against the newly created posts and to consider him for promotion by allotting 37 posts out of 170 newly created posts of Inspectors on proportionate basis (in the ratio of 283:62) to the Cipher branch. The petitioner has also prayed for directions to the respondents not to order any further promotions from Sub Inspectors to Inspectors in the Communication & IT Directorate of Border Security Force in respect of newly created 170 posts till the decision of the present writ petition.

(2.) The petitioner contended that he joined Border Security Force on 18th November, 1980 and was promoted to the rank of Assistant Sub Inspector on 5th May, 1993. He has been serving as Sub Inspector (Cipher) since 8th November, 2007 and is presently posted in 24th Battalion, BSF, at Chedima, Nagaland. According to the petitioner, there are three branches in the Department of Communication in the Border Security Force, i.e Radio Operators, Radio Mechanics and Cipher.

(3.) The petitioner alleged that there were 283 sanctioned/authorized posts of Inspectors (Communication) which is the combined strength of Inspectors promoted from Radio Operators, Radio Mechanics branch and 62 posts of Inspectors (Cipher) promoted from the Cipher branch. The channel of promotion in the Radio Operators branch is from Head Constable to Assistant Sub Inspector (ASI) on completion of Course-II and from Assistant Sub Inspector to Sub Inspector on completion of Course-I.