RAM KISHOR MEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) Aggrieved against the order dtd. 17/7/2020 passed by the respondents, whereby merit list of promotion of 61 candidates to the post of Sub Inspector (Ministerial) in Sashtra Seema Bal (SSB) vide order dtd. 2/3/2017, has been invalidated, the present petition has been preferred by the petitioners seeking quashing thereof. Petitioners are praying for directions to respondents for permitting permit them continue on the post of Sub Inspector against the vacancies pertaining to the years 2016-17 with all consequential benefits.

(2.) The facts emerging from the petition are that on 8/11/2016, the respondents had issued an advertisement to fill 08 vacant posts of Sub Inspector (Ministerial) for the year 2016-17 through Limited Departmental Competitive Examination (LDCE). The petitioners being eligible, applied and participated in the written examination held on 18/1/2017, result whereof was declared on 16/2/2017. The terms of Sashastra Seema Bal (SSB), Combatised, Ministerial and Stenographers (Non-Gazetted) Group 'B' and 'C' Posts Recruitment Rules, 2011 mandates that 75% posts are to be first filled by promotion, failing which by deputation; and remaining 25% through LDCE from amongst the Assistant Sub-Inspector (Ministerial) of SSB.

(3.) According to petitioners, for the year 2016-17, the vacancy position to the post of Sub-Inspector (Ministerial) was 244 posts, out of which 183 posts were to be filled by promotion and remaining 61 posts were to be filled by LDCE; whereas vide advertisement dtd. 8/11/2016, only 08 vacant posts were issued. So, some of the petitioners made a representation to the concerned respondent to re-calculate the vacancy position to be filled through LDCE for the year 2016-17. Accordingly, the respondent issued Signal dtd. 2/3/2017 informing that based upon the recalculation of vacancy position, the competent authority had approved select list of 61 candidates for the post of Sub-Inspector (Ministerial) by LDCE, wherein names of petitioners were reflected. Pursuant to Signal dtd. 2/3/2017, vide FAX/VAN Message bearing No. 299/RC/SSB/SI (Min) LDCE/2016-17/1237-39 of even date, the competent authority approved appointment of 61 candidates, including the petitioners herein, to the rank of Sub-Inspectors (Ministerial). The petitioners joined in the rank of Sub-Inspector (Ministerial) pursuant to order dtd. 2/3/2017 and successfully completed their probation period in March, 2019; and the respondents vide order dtd. 15/7/2020 confirmed and regularized the petitioners to the said post effective therefrom. However, vide order dtd. 17/7/2020 issued by the respondents, it was informed that the merit list dtd. 16/2/2017, promoting 08 candidates to the post of Sub-Inspector (Ministerial) is valid; whereas the merit list of 61 candidates vide order dtd. 2/3/2017, shall be treated as invalid and cancelled. Consequentially, the respondents cancelled the appointment of petitioners to the post of Sub-Inspector vide another order dtd. 17/7/2020. Hence, the present petition has been filed.