SATYABIR SINGH NAIK FIRE Vs. UNION OF INDIA

JUDGEMENT

(1.) By this petition an employee of Central Industrial Security Force (CISF. for short) seeks a writ of mandamus directing respondents to treat the petitioner as having completed satisfactorily the period of probation on 29.9.92 and to fix accordingly the seniority of the petitioner.

(2.) The petitioner was appointed as Constable in CISF on 30.9.80. On 30.6.92/ 22.7.92 a seniority list of Constables (Fire) in CISF has been issued, wherein the name of the petitioner is shown at SI.No.105. Therein the petitioner's date of appointment is shown as 30.4.80 (column 7); the date of completion of probation in the present rank is shown as 29.9.1982 (column 11), and date of confirmation in the present rank is shown as 1.4.1988. According to the petitioner, he having successfully completed the period of two years' probation on 29.9.1982, he should be treated to have been confirmed on the same date and his confirmation could not have been artifically and arbitrarily postponed to 1.4.88. Reliance is placed on Rule 19 of CISF Rule 1969 and law laid down by the Supreme Court in Sewa Singh Vs. Union of India (CWP 8228/82) decided on 28.8.90.

(3.) Rule 19 provides as under:-