INSPECTOR M S NEHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition is directed against the order dated 7.9.1995 passed by the respondents calling for nominations of the departmental candidates of the rank of Inspectors for promotion to the post of Assistant Commandant in the General Duty (Executive) Cadre. One of the further reliefs prayed for by the petitioner in this writ petition is for issuance of direction to the respondents to treat all the eligible Inspectors irrespective of the Cadre/category to which they belong, equally by fixing only one cut off date of promotion as Inspector for the purpose of their consideration for promotion to the rank of Assistant Commandant in the General Duty Cadre.

(2.) The petitioner was promoted to the post of Inspector (Subedar) on 11.4.1988. The criteria for promotion to the post of Assistant Commandant is governed by the Border Security Force (Assistant Commandants) Recruitment Rules, 1985 (hereinafter called the Rules). Under the provisions of the aforesaid Rules 50% of the vacancies in the post of Assistant Commandant are to be filled up by promotion of Inspectors (Subedars) who have completed 5 years service in the grade rendered after appointment thereto on a regular basis and atleast be matriculate or equivalent quali- 48 fication from a recognised Board of Education or BSF certificate of Education Class-I and have qualified the pre-promotion courses such as - (1) Basic Training Course; (2) Platoon Weapons Course; & (3) Company Commander Course. The persons having the aforesaid requisite qualifications are eligible fer promotion to the rank of Assistant Commandant. It is further provided in these Rules that promotions to the extent of 10% of the vacant posts out of the 50% vacant posts is to be made from the category of combatised ministerial staff failing which entire 50% from amongst General Duty Cadre. It is also laid down under the Rules that it is necessary to identify the number of eligible Inspectors (Subedars) from both the feeder cadres separately who fulfil the eligibility conditions for the purpose of consideration of their names for promotion to the rank of Assistant Commandant. For supplementing the provisions of the aforesaid Rules few instructions have been issued by the Competent Authority wherein it is laid down that where promotions are to be made by selection method as prescribed in the Recruitment Rules for more than one grade, the eligible persons shall be arranged in separate list in the order of their relative seniority in the respective grades. By the office Memorandum issued on 24.12.1980 by the Ministry of Home Affairs the number of officers to be considered for the purpose of selection from out of the eligible officers in the feeder grade is restricted commensurate with the number of vacancies available. For filling up the vacancies the officers to be considered are 3 times the number of vacancies.

(3.) By another notification dated 12.10.1990 issued by the Department of Personnel & Training it was laid down that existing zone of consideration for promotion to selection post had been modified to the extent that as against the number of vacancies of 4 or more the number of officers to be included in the zone of consideration would be twice the number of vacancies in excess of 3 vacancies. The respondents issued an order on 7.9.1995 to the lower formations asking for nominations of Inspector of the force, for purposes of promotion to the rank of Assistant Commandant in General Duty (Executive) Cadre. In the said order it was stated that for Subedars (G.D.) Cadre, General 'Category persons having seniority upto 11.4.1988 i.e. upto serial No.600 of the combined seniority list issued by letter dated 29.7.1994 were to be called, whereas nominations for the SC & ST category persons having seniority upto 31.7.1989 be called and for Subedars (Combatised Category) staff, persons having seniority upto 30.9.1990 be called.