M C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE grievance of the petitioners in these two petitions is common. Both are seeking identical relief as well, namely, quashing of Special Service Bureau (SSB) (Senior Executives) Service Rules,1977 and SSB (Senior Executives) Service (2nd Amendment) Rule,1982 and as well as promotion of respondents 2 and 3 to the post of Dy. Director/dig in SSB. That is the reason that both these petitions were clubbed together, heard together and are decided together by this common judgment. For the sake of convenience, we may start with the facts as appeared in WP (C)No. 330 of 1988.

(2.) THE date of birth of the petitioner is 14. 11. 1935. He joined Indian Military academy on 2. 1. 1963 and was commissioned as Officer in the Indian Army from 30. 6. 1963 to 16. 9. 1967. After his release from the Army the petitioner joined ssb on 1. 1. 1968 as Company Commander. He was promoted as Dy. Commandant w. e. f. 5. 7. 1973; as Commandant on 31. 12. 1975. From July,1979 to 18. 6. 1982 he held the appointment as Commandant-Staff Officer/ Area Organizer (Training),arunachal pradesh Division with its Headquarter at Tejpur. From 23. 6. 1982 to 9. 4. 1984 he held his posting in Himachal Pradesh Division, Shimla in the same capacity. Thereafter, he worked as Commandant in various SSB Divisions like Agartala etc. At the time of filing of this petition he was posted in Group Centre, Chamma (UP ). The next promotion is to the post of Dy. Inspector General (DIG) in SSB. As per Item-3 in Schedule-II in the SSB (Senior Executive) Service Rules,1977 (hereinafter referred to as '1977 Rules') is by promotion/deputation/direct recruitment/re-employment. No percentage is fixed for any of these methods. In case of recruitment by promotion/deputation the promotions are to be made from amongst Class-I Assistant Director/area Organizer with 8 years service in the grade or in the equivalent grade. Deputation of officers in the grade of rs. 2,000-2250, 1,500-2,000 or Rs. 1,200-2,000 or officers eligible for appointment to such grades in offices of State/central Govt. are eligible. The feeder post do not mention 'area Organizer in (Senior Executive) Service of ssb. "

(3.) THE aforesaid Rules were amended vide Second Amendment Rules 1982 (hereinafter referred to as 'rules,1982) w. e. f. 2. 12. 1982. In these Rules, percentages were fixed for different categories of feeder cadre post by providing as under: