DIWAN SINGH BISHT Vs. U O I

JUDGEMENT

(1.) Petitioner's writ petition seeking antedating his seniority with all consequential benefits was dismissed by Tribunal vide impugned order dated 17.8.1999. Hence this petition.

(2.) Petitioner was a Sepoy (Constable) in Border Security Force. He came on deputation to the Intelligence Bureau (IB) on 18.11.1975 on the post of Security Assistant and was later absorbed on this post from 1.1.1982. He was subsequently promoted to the post of Junior Intelligence Officer (JIO) Grade II from 30.4.1990 on completion of 8 years of service.

(3.) It appears that petitioner thereafter made representations for counting his service rendered in BSF as well as in IB on deputation for promotion to the post of JIO Grade II and for antedating his seniority and promotion as such. His request was, however, rejected by memorandum dated 8.9.1992. He, however, persisted with his representations on the issue and after eliciting no response, filed OA No. 610/1999 claiming that his service rendered in BSF and while on deputation in IB from 1967 to 1981 was liable to be reckoned for his seniority, promotion and other service benefits. He sought support for this from the case of one Ram Singh Rawat, a deputationist from ITBP who according to him was granted the benefit of service rendered by him in ITBP under the Supreme Court judgment. He accordingly claimed the equality of treatment and submitted that once Rawat was given this benefit, he was also entitled to it.