JAGMOHAN VISHWAKARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) A petition under Article 226 of the Constitution of India has been filed on behalf of the petitioners for determining their seniority w.e.f. 4/10/2011, the date on which the result was declared and to place them senior to promotee Assistant Commandant, General Duty (hereinafter referred to as 'AC/GD') promoted against the vacancy year 2011-12 as well as AC/GD selected through LDCE 2010-11 and consequential reliefs.

(2.) The petitioners are the direct recruits working as AC/GD with Indo-Tibetan Border Police (hereinafter referred to as 'ITBP') under the administrative control of Union of India, Ministry of Home Affairs, Government of India/respondent No.1.

(3.) The Indo-Tibetan Border Police Force was raised on 24/10/1962 under the CRPF Act, 1949. Thereafter, the Parliament of India enacted the Indo-Tibetan Border Police Force Act, 1992 (hereinafter referred to as 'ITBP Act, 1992') to provide for the constitution and regulation of the ITBP and for matter connected therewith. Sec. 153 of the ITBP Act, 1992 under Chapter XI provides for the classification of the officers and their rank and the manner in which their seniority has to be determined.