SHILPI CHATTERJEE Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioners for issuing a writ of certiorari to the respondents to quash the orders dated 04.09.2020 and 13.05.2021, vide which representations of petitioners seeking to convene Departmental Promotion Committee (DPC), has been rejected.

(2.) Pertinently, petitioners belong to the Engineering Cadre in BSF, who claim to be eligible for promotion to the post of Commandant (Works) and seek their promotion to the two vacant posts, rather than filling them up with other Officers through deputation in terms of BSF (Engineering Officers) Recruitment Rule, 2012 (henceforth referred to as the "Recruitment Rules of 2012"). In addition, petitioners are also praying for issuance of a writ of mandamus to the respondents to carry out necessary amendments in the "Recruitment Rules of 2012" to the effect that post of Commandant (Works) be filled on promotion in the larger interest of Engineering Cadre Officers of the Force who have duly retained the residency period of 2IC (Works) as 2 years instead of existing 5 years for promotion to the rank of Commandant (Works) i.e. for a direction to the respondents to relax Rule 11 of the "Recruitment Rules of 2012" to consider the combined Group A and B services of the petitioners for the purpose of promotion, instead of Group A service only and thereafter, to fill the existing two vacancies of Commandant (Works) in BSF on promotion basis instead of filling through deputation, by convening DPC in respect of eligible officers.

(3.) Mr. Ankur Chhibber, learned counsel appearing on behalf of petitioners submits that the petitioners had made representations to the respondent-BSF to convene a DPC to fill up the two vacant posts of Commandant (Works) by the eligible officers of Engineering Cadre in BSF instead of officers belonging to other Organizations through deputation, however, their representations have been rejected on the ground that as per the "Recruitment Rules of 2012", total three (03) posts of Commandant (Works) are authorized i.e. 33% by promotion and 66% by deputation (including short term contract) and as such only one (01) post is authorized in promotion quota, which is already filled up. In addition, respondent/BSF has also reasoned that as per "Recruitment Rules of 2012", Five (05) years" regular service in the grade of 2IC (Works) and minimum fifteen (15) years of Group A service is required for promotion to the rank of Commandant (Works).