WG CDR C PADMANABHAN Vs. COMMANDANT

JUDGEMENT

(1.) The petitioner had joined the Indian Air Force as a Commissioned Officer in the Flying Branch on 6/12/1986 as an Ex Indian Air Force Officer (Helicopter Pilot). He had joined the Border Security Force ('BSF') initially on deputation as Commandant/ Co-Pilot on 6/10/2008 and subsequently appointed as a Commandant Pilot in BSF in Feeder Cadre, subject to his relieving from Indian Air Force. The petitioner, after his relieving from Indian Air Force w.e.f. 30/1/2011, assumed charge in BSF on 31/1/2011.

(2.) The petitioner claims to have become eligible to the rank of Deputy Inspector General (DIG) on 1/1/2013, subject to his fulfilling requisite conditions under Recruitment Rules (RR) dtd. 11/11/2011 issued by the Central Government. The petitioner further claims to be fulfilling the requisite conditions as per RR except the condition of 2 years 'residency' clause, falling short of 30 days as on date of consideration i.e. 01.01 2013. The petitioner applied for waiver of the said condition vide his representation dtd. 21/11/2012 in terms of Clause- 10 of RR dtd. 11/11/2011 which provided for relaxation of any of the provisions of these Rules with respect to any class or category of persons. Having received no response, petitioner made another request to the BSF authorities vide representation dtd. 1/3/2013 seeking waiver of condition of two years' of residency.

(3.) According to petitioner, four vacancies for the post of DIG were available for the year 2013-14, however, Departmental Promotion Committee ('DPC') was not constituted till December, 2013. Subsequent upon issuance of an open advertisement dtd. 7/2/2013 by the BSF for the post of Senior Operations Officer - DIG, the petitioner finding himself fit applied for the same and alternatively waited for convening of DPC for the year 2013-14 and also waiver of this deficient residency period. A similar advertisement dtd. 20/9/2014 was published by the BSF for the same post of Senior Operations Officer-DIG, however, the conditions for the said post were changed, which according to petitioner was in violation of Recruitment Rules and had been done to accommodate Air Commandant Sanjay Sharma (Retd.), who was appointed as Senior Operations Officer-DIG in October, 2014. The petitioner was granted waiver of 30 days' 'residency' on 9/1/2014 and after a lapse of more than one year, the DPC was convened on 20/2/2014, wherein petitioner was empanelled for promotion to the post of DIG. However, on 18/2/2014, around the time of first death anniversary of petitioner's daughter, aged 14 years, he got emotionally stressed and fell into a state of semi consciousness and was rushed to Moolchand Khairatiram Hospital at Lajpat Nagar by his wife. Thereafter, the petitioner was referred to Army R and R Hospital and was discharged on 24/2/2014. However, the discharge note of the Army R and R Hospital stated 'Seizure Disorder, Type 2 DM, with HTN dyslipidemia', whereas no such remark was given by the doctors at Moolchand Khairatiram Hospital.