LAWS(DLH)-2022-12-5

AJAY KUMAR AWASTHI Vs. UNION OF INDIA

Decided On December 02, 2022
Ajay Kumar Awasthi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) As per petitioners, the 'Sashastra Seema Bal',[Hereinafter referred to as 'SSB'] earlier known as 'Special Service Bureau,' was raised under the Cabinet Secretariat for guarding the bordering states of India right after the Indo-China War of 1962. As per the then procedure, the seniority of the lower ranking personnel was being fixed at the Battalion level to accord promotions.

(2.) Pursuant to the recommendation of the 5th Central Pay Commission,[Hereinafter referred to as 'CPC'] accepted by the Government of India, the Ministry of Home Affairs,[Hereinafter referred to as 'MHA'] vide order No. 27012/1/97-PC Cell/PF.1 dtd. 10/10/1997, abolished the rank(s) of Lance Naik and Naik and merged them with the rank(s) of Constable and Head Constable respectively in all the Central Police Organizations, including the SSB. As such, the Central Industrial Security Force,[Hereinafter referred to as 'CISF'] carried out the necessary modifications in its Recruitment Rules to exclude the rank of Lance Naik and Naik.

(3.) Thereafter, vide order No.1/2/2011-EA.I-133 dtd. 15/1/2001, the Cabinet Secretariat, Government of India permanently transferred SSB (then 'Special Service Bureau') to MHA and assigned it the new role as the border guarding force on the Indo-Nepal border and the Indo-Bhutan border. Petitioners submit that though the seniority list was to be drawn up on centralized basis under MHA but no such inter-se seniority list was drawn up, hence, all actions regarding promotion continued arbitrarily.