PARAMJIT SINGH NAGI Vs. UNION OF INDIA

JUDGEMENT

(1.) The present petition has been preferred by the petitioner inter-alia praying for issuance of a writ of certiorari for quashing of the order dtd. 7/11/2022 and signal dtd. 11/11/2022 to the extent whereby the petitioner has been posted to Frontier Headquarter BSF Mizoram and Cachar, which is in violation of their own policies dtd. 7/12/2011, 29/2/2012 and 23/7/2021 whereunder petitioner can only be posted to a Composite Hospital. Further, issuance writ of mandamus is also sought for directing the respondents to issue a fresh posting order, posting the petitioner to any Composite Hospital in the Country.

(2.) Petitioner after completing his MBBS from Maulana Azad Medical College in the year 1989, was appointed as Medical Officer (Assistant Commandant) in the BSF Medical Cadre on 27/12/1990. During his service, petitioner was promoted to the rank of Deputy Commandant (Sr. Medical Officer) on 11/9/1996 and Chief Medical Officer (Selection Grade) on 27/12/2004.

(3.) According to petitioner, he applied for undergoing PG Diploma in Sports Medicine from Netaji Subhash National Institute of Sports in Patiala. The respondents, finding petitioner has completed five years' of service and APAR gradings well above the bench mark, found him eligible under Rule 50 (5) of CCS (Leave) Rules fulfilling the conditions laid down in MHA/Policy/ Guidelines for pursuing PG courses and requested the MHA to grant petitioner study leave for two years. Accordingly, petitioner was granted permission to pursue PG diploma in Sports Medicine, which he completed successfully in the year 2007.