SH.DEVENDER SINGH SANDHU Vs. UNION OF INDIA

JUDGEMENT

(1.) THE present petitioner was appointed in the Border Security Force (BSF) on 28th December, 1992 upon his release from Short Service Commission with the Indian Army and was posted as Assistant Commandant with the 27 th Battalion, BSF at Charare Sharif, Jammu & Kashmir where he remained till November, 1996. The petitioner was posted in January, 1997 to 14 Bn. at Aknoor and was attached to Frontier Headquarters, BSF as AC (Op).

(2.) ON 24th May, 2000 based on his work performance and achievements, the petitioner was duly promoted to the rank of Deputy Commandant in the BSF but was retained in the same unit i.e. 120 Btn. of the BSF at Srinagar. Unfortunately, the petitioner remained attached at Frontier Headquarters, BSF, Jammu and was not permitted to join his place of posting in 120 Bn by the respondents. Apprehending that the respondent may treat his attachment as a disqualification for further promotion on the ground that he had not completed a tenure in a duty battalion posting, the petitioner represented to the respondents, who relieved him from the Frontier Headquarters only on 3rd August, 2001 where he remained till September, 2001 & thereafter remained posted at different places.

(3.) GIVEN the denial of his promotion on this ground, the petitioner made representation to the respondents on 16th March, 2006 to relax the requirement of having served two years tenure in a duty battalion for his promotion in the given circumstances where he had been denied the opportunity to serve and complete the requirement on account of an attachment order issued by the respondents. Justice still eluded the petitioner. On 1st August, 2006, not only the batch-