BISHAMBER NATH Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner through the present writ petition wants that the services rendered by him as an Emergency Commissioned Officer, Territorial Army Officer be taken into consideration' for deciding his seniority and for his promotion and for the purposes of pay and allowances

(2.) The facts in brief which are necessary for deciding the points raised in the present writ pettion are as under : that the petitioner was initially granted a commission in the Territorial Army on May 13,1960. During the period from May 13, 1960 to March 9, 1964 be served over there and rendered full embodied service. While the petitioner was working as a Commissioned Officer in the Territorial Army he was selected as an Emergency Commissioned Officer on March 10, 1964. He served the Army in the said capacity during the period from March 10, 1964 to July 16, 1969. Subsequently during his tenure of service as Emergency Commissioned Officer (ECO for short) he was promoted to the rank of Captain. Since there was a scheme to release the ECOs in a phased manner as their services were no more required, he was released from the Army on the aforesaid date i.e. July 16, 1969. However, the petitioner was selected for the period of Company Commander Deputy S P. in the C.R.F.F. and he joined the said post on the above said date without any break in his service. The appointment of the petitioner as a Company Commander Deputy S .P. was approved by the Ministry of Home Affairs vide their letter dated June 19, 1969 and the same was conveyed to the petitioner vide offer of appointment dated July I, 1969. The appointment of the petitioner in the CRPF was subsequently regularised vide office order dated May 2, 1974. The promotion from the post of Company Commander to the post of Assistant Commandant in CRPF is governed by the provisions of Rule 105(3A)(-ii)(b) of the CRPF Rules which read as under :-

(3.) A perusal of the same reveals that the Deputy Superintendents of Police who have completed five years of Gazetted or Commissioned service and have been in CRPF for a minimum period of two year? are eligible for promotion to the post of Assistant Commandant. The petitioner was informed, however vide memo dated July 31, 1972 that he was not considered for promotion to the post of Assistant Commandant along with other Company Commanders by the Denartmental Promotion Committee (hereinafter referred to as the DPC held on November 3, 1971 as by that time he had not computed two years service as Deputy S.P. in the CRPF.