LAWS(DLH)-2022-9-194

CHAMPA LAL PRAJAPAT Vs. UNION OF INDIA

Decided On September 21, 2022
Champa Lal Prajapat Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The present petition has been filed by the petitioner seeking a direction to the respondent to create promotional avenues for the post of Constable (Tradesman) in trade of cobbler and to grant due promotion to the petitioner.

(2.) Petitioner claims to have been recruited in the services of Border Security Force (BSF) in the year 1989 as a Constable (Tradesman) (Male) in the trade of Cobbler. However, even after contributing his services of more than 27 years, he has been working on the same post without any promotion. Petitioner has averred that initially the post of Constable (Tradesman) (Male) in the trade of Cobbler had promotional avenue to the post of Hawaldar but after coming into effect the changed recruitment rules in the year 1986, petitioner has remained without any promotion in this cadre, which is essential service condition.

(3.) On 1/11/2019, learned counsel appearing on behalf of respondents had informed the Court that the present petition has been treated as an non-adversarial and the proposal for carving out a promotional avenue for petitioner was under consideration of Finance Department and Ministry of Home Affairs. On the next date i.e. 17/12/2019, the Under Secretary, Ministry of Home Affairs, assured the Court that the file shall be placed before the IFD (Integrated Finance Division /Department of Expenditure of Ministry of Finance) and the Court directed the Director IFD to appear on the next date if file is not placed before the Union Minister of Home Affairs.