RANJIT SINGH BISHT Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in writ petition is to the order dated November 03, 2011 in Original Application No.4384/2010. The Original Application was filed by the petitioners herein challenging the Recruitment Rules known as SSB (Secretarial) Service, 2006 and enforced vide notification dated November 20, 2006 for Group-B (Gazetted and Non Gazetted) Ministerial posts.

(2.) IT is the case of the petitioners that a specialized outfit known as Special Services Bureau was formed to defend the territorial integrity of borders of the country with active involvement of border population. This unit was under the control of Director General of Security (DGS) of the Cabinet Secretariat. The administrative control of SSB was transferred from Cabinet Secretariat to Ministry of Home Affairs in the year 2001. The Director General of Security used to comprise of four organizations viz Aviation Research Centre (ARC), Special Frontier Force (SFF), Chief Inspector of Armaments and Special Service Bureau. The services of the incumbents working in these organizations were inter-changeable. The Civilian Ministerial Cadre of DGS (Secretarial) Service was being governed by statutory rules framed in the year 1975 (Rules of 1975).

(3.) ON transfer of the administrative control of SSB from Cabinet Secretariat to Home Affairs in the year 2001, the DGS (Secretariat) Service was trifurcated into SSB, ARC and SFF Secretarial Service with effect from August 23, 2001. The trifurcation of the service was made on ,,as is where is basis'. This action of the respondent was challenged in Original Application No.513/2002 by one Sh.S.K.Nayak holding that the options should have been called for which plea was accepted by the Tribunal. The judgment of the Tribunal was upheld by this Court in Writ Petition (Civil) No.3000/2003 decided on November 06, 2003. We have been informed during the submissions that the Special Leave Petition filed before the Supreme Court has been allowed in favour of Union of India. In any case we are of the view that the issue and the conclusion reached in that particular case has no bearing in so far as this case is concerned.