R S SHARAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners who were directly recruited as Asstt. Company commander in I. T. B. P. in 1974 were further promoted as Company commanders and confirmed as such in the year 1980. On the other hand, respondents No. 3 to 18 (hereinafter referred to as private respondents) were recruited as Assistant Company Commander in the year 1980 and were promoted to the post of the Company Commanders/dy SP in the year 1984.

(2.) THE promotional post from the post of Company Commander/dy. SP is that of Asstt. Commandant (Re-designated as Deputy Commandant ). The second petitioner was promoted to the post of Asstt. Commandant (Deputy Commandant) on 6/5/1988 while the first petitioner was promoted to the said post on 6/7/1989.

(3.) LATER a Writ Petition (CWP No. 885/89) was filed by R. S. Pathania i. e. the private respondents challenging the promotion of certain subedar/inspector (non gazetted) (their juniors other than the petitioners)to the post of Asstt. Commandant/equivalent post. In the said Writ Petition directions were given by this court to respondents 1 and 2 on 26. 7. 1994 to consider the private respondents for promotion to the post of Asstt. Commandant (re-designated as Deputy Commandant) by making the following observation:-