NAGENDRA SINGH SHEKHAWAT Vs. UNION OF INDIA

JUDGEMENT

(1.) A Civil Writ Petition under Article 226 of the Constitution of India,1950 has been filed on behalf of the petitioner for quashing & setting aside the Order/ Communication No.I-15012/12/2018/Estt./1611 dtd. 7/12/2018 and to order for his notional promotion and fixation of the seniority in the post of Inspector (GD) on the basis of E-list drawn in September, 2006 and also to grant him seniority to the post of Inspector (GD) above respondent No.3 Sh. Sher Singh who was junior to the petitioner, having been promoted as Sub-Inspector in September, 2003 in the general category like the petitioner.

(2.) The petitioner joined the Indo Tibetan Border Police (ITBP) Force as Sub-Inspector (GD) on 12/8/2002. He was the topper of his batch. He after successfully completing 54 weeks of Basic Training at ITBP Academy, Mussourie, was posted in Border Battalion in Uttarakhand, Arunachal Pradesh and Himachal Pradesh. After completion of his tenure, he was posted at Directorate General, ITBP, New Delhi. The petitioner secured first position in Intelligence course held at New Delhi in 2005. Considering his performance, he was selected by Directorate General as Instructor to impart training in subsequent courses in 2005 and 2006.

(3.) In the year 2004, during his posting at Forward Post, Koloriang, Arunachal Pradesh he developed pain in his right knee due to some injury and he was given medicines. He continued to perform his duties including patrolling in rugged mountainous terrain in hazardous climate conditions during deployment in Palin town and Itanagar for internal security duties. While undergoing Promotional Course at BTC (Basic Training Centre) Panchkula in August, 2005 he again suffered injury in right knee. The Court of Inquiry conducted held that the said injury had occurred due to risk of service. However, the petitioner successfully underwent promotional courses i.e. Platoon Commander (PC) Course w.e.f 18/7/2005 to 27/9/2005 at BTC-Panchkula and Subordinate Officer's (Tactics) Course at ITBPF Academy, Mussoori from 3/10/2005 to 10/12/2005. The successful completion of these which included written as well as physical activities, exhibited his physical fitness. He remained in Medical 'SHAPE-I' category.