DHIRAJ RANJAN Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner seeks directions in these proceedings under Article 226 that he should be absorbed permanently by the Border Security Force (BSF) as Sub-Inspector (Junior Aircraft Mechanic) [hereafter referred to as "SI(JAM)"], a Group-B service in the Pay Band 2 (Rs.9300-34800) with Grade Pay Rs.4200 per month.

(2.) The petitioner initially joined the Indian Air Force (IAF) and was promoted to the post of Sergeant on 01.10.2004. At that stage, the prerevised pay scales were in vogue and the petitioner was enjoying the pay scales applicable to the post of Sergeant. With the advent of the Sixth Pay Commission recommendations and their implementation with effect from 01.01.2006, his pay was fixed in PB-I (Rs. 5200-20200) with Grade Pay of Rs. 2800. He continued to work in the IAF in the said pay scale for over six years. He was promoted on account of the assured career progression (ACP) scheme in PB-2 in the next higher grade of Rs. 9300-34800 with Grade Pay of Rs. 4200 per month. He functioned in that post thereafter. The BSF had published an advertisement calling for application from eligible candidates for several posts is included. The one of SI(JAM), a Group-B service carrying Pay Band-2 (Rs. 9300-34800 plus Grade Pay of Rs. 4200/-). The eligibility condition stipulated both in the rules as well as the advertisement were as follows:

(3.) The petitioner was invited for the interview to the post of SI(JAM) which took place on 26.04.2013. His candidature was found to be in order and he was offered appointment on deputation basis. He joined as SI (JAM) in the BSF on 01.10.2013. He worked continuously in the position for six months. On 31.03.2014, upon the completion of his mandatory tenure in the IAF, he superannuated from the IAF. On 01.04.2014, the BSF issued an order stated as follows: