P.S. SLARIA Vs. SASHASTRA SEEMA BAL

JUDGEMENT

(1.) Vide the present writ petition, petitioners are seeking parity as regards their promotion to the post of Commandant on 31/12/2013 and to the post of Deputy Inspector General on 4/5/2018, at par with Mr. V. Vikraman who was junior to the petitioners alongwith all the benefits from the said dates; quashing of impugned memorandum dtd. 10/9/2021 issued by Deputy Inspector General (Pers.) of respondent No.1.

(2.) The case of the petitioners is that the petitioner No.1 was senior to the respondent No.2 as he was promoted to the post of Deputy Commandant on 16/6/2006 and Second-in-Command on 3/12/2009 whereas respondent No.2 was promoted to the post of Deputy Commandant on 14/11/2007 and Second-in-Command on 14/10/2010. Thereafter, though the respondent No.2 was promoted to the post of Commandant on 31/12/2013, however, despite the petitioners being seniors, they were not promoted. Further, the petitioners were superseded by respondent No.2 who was promoted as DIG on 4/5/2018 whereas petitioner No.1 was promoted to the post of DIG on 3/11/2021.

(3.) Learned counsel for petitioners submits that a representation dtd. 1/4/2014 requesting promotion was given to the Director General, SSB. Thereafter, a second representation dtd. 27/8/2014 was given to Directorate General, SSB regarding non-redressal of grievance of the petitioners and subsequently, various reminders were given by the petitioners to the respondent No.1. However, the respondent No.1 did not decide the same till 10/9/2021 and vide Memorandum dtd. 10/9/2021 issued by Deputy Inspector General (Pers.), SSB stating therein that the promotion of respondent No.2 was considered as per the terms and conditions prescribed in the Recruitment Rules at that time which had been issued with the approval of IG (Pers.), whereas the representation of petitioners was addressed to D.G. SSB. Learned counsel for the petitioners submits that therefore, the present petition has been filed timely and there is no delay attributable to the petitioners.