LALIT KUMAR KAIN COMMANDANT Vs. DIRECTOR GENERAL

JUDGEMENT

(1.) The petitioner, who is working as Commandant (Electrical) in BSF Engineering Wing since 15/5/2013 and is performing the duties of DIG (Work) w.e.f. 15/2/2021 till filing of the petition, has preferred the present petition challenging the order dtd. 6/4/2021 passed by respondent No.1, vide which an officer of the GD Branch has been appointed as DIG (Works) in the BSF Engineering Setup.

(2.) Petitioner claims to have been promoted to the rank of Second-in-Command (Electrical) pursuant to order dtd. 19/1/2010 passed by this Court in W.P.(C) 8192/2009, which was challenged by the respondents, however, upheld by the Honble Supreme Court vide order and judgment dtd. 2/5/2011 in Special Leave Petition 26582/2010; though he was promoted against a vacancy of the year 2011 instead of the vacancy of the year 2007-08, when the post of Second-in-Command (Electrical) was notified. By virtue of judgment dtd. 13/8/2012 passed by the Jodhpur High Court in W.P.(C) 823/2012 preferred by the petitioner, he was granted notional seniority w.e.f. 31/10/2007.

(3.) Petitioner claims that his promotion to the rank of Commandant (Electrical) was due in the year 2009 on completion of five years of regular service in the grade, with total fifteen years service in Group A, however, he was promoted on 15/5/2013 and since then, he is working in the same rank without any further promotion. Petitioner also claims to have made representation dtd. 7/10/2020 to the DG, BSF regarding his delayed promotion, but has not received any response thereto.