N S YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) In these two writ petitions, petitioners seek the quashing of the proceedings of the Departmental Promotion Committee (DPC for short) held in August, 1982 and fora further direction to accept the recommendations of the Review DPC held in the year 1991 and to issue a revised Seniority List of DIGs; they also seek a direction to consider their case for promotion as I.G. on the basis of the revised Seniority list as aforesaid; other relief sought are only Consequential to these reliefs.

(2.) To appreciate the case, it is sufficient if reference is made to the facts in N.S. Yadav's writ petition. Petitioner, on release from the Indian Army joined the Border Security Force as an Assistant Commandant. In the year 1971 he was promoted as Deputy Commandant and in the year 1973, he became a Commandant. In the year 1981, petitioner was promoted as Additional Deputy inspector General. In the Seniority List of Add. Deputy I.G., N.S. Yadav was at S.No. 8 and the other petitioner Mehta was at S.No. 4. According to the petitioners, they underwent several professional courses, in the course of their employment; each of them earned awards also for good service. On 31.8.1982 DPC proceedings were held to consider the cases of the petitioners and others for promotion as Deputy I.Gs. Though, all these years, only ACRs were being looked into to consider the case for promotion, for the first time, this DPC adopted a new formula, under which, marks were fixed for each of the following: (1) ACR-100; (2) Professional Courses - 15; (3) Holding certain appointments- 12 and {4) Gallantry awards-5; total 132. Those who procured 100 marks and above were recommended for promotion and the following five were recommended:

(3.) Petitioners allege that while Mehta was given a total of 97 marks, N.S. Yadav was given 96.6 marks by the DPC. Nomark was awarded to Mehta for proficiency in courses; however Yadav secured 3 marks under the said 'head'. These recommendations were accepted and promotions were done accordingly.