SHADI RAM YADAV Vs. DIRECTOR GENERAL CISF

JUDGEMENT

(1.) The petitioner serving the Central Industrial Security Force (CISF, for short) seeks a writ of Mandamus directing the respondents to treat the petitioner having satisfactorily completed the period of probation and having been confirmed w.e.f.28th March, 1985 in the rank of Inspector (Executive).

(2.) According to the petitioner, on 8.3.79 he came on deputation from BSF to CISF as Inspector (Executive). S.C.Wadhwa, the respondent No.3 also came on deputation from BSF to CISF as Inspector (Executive) on 18.3.79. On 28.3.83, the petitioner and the respondent No.3 were absorbed as Inspector (Executive) in CISF. The petitioner was informed of his having satisfactorily completed the period of probation w.e.f. 23.3.1985 vide office order dated 29.5.85. A provisional seniority list in the rank of Inspector (Executive) for the period 1.1.82 to 30.4.1985 was issued wherein the petitioner is shown at SI.No.541 and the respondent No.3 is shown at SI.No.542. On 27.5.95, a seniority list of the rank of Inspectors (Executive) as on 31.12.88 has been issued. However, therein the petitioner has been assigned a place at SI.No.387 while the respondent No.3 has been placed at SI.No.276. The entries made in different columns of the list show the petitioner's date of appointment in the rank as 28.3.83 and the date of completion of probation as 27.3.85. Still the respondent No-.3 has been shown much above the petitioner. The result is that the respondent No.3 has been promoted to the post of Assistant Commandant in the year 1991 but the petitioner has been left out solely because he has been treated as junior to the respondent No.3. The petitioner served a notice for demand of justice and has then filed this petition.

(3.) The respondent No.3 has not put in appearance. Counter-affidavit has been filed on behalf of the respondents No. 1 & 2.