AJEET KUMAR Vs. UOI AND ORS

JUDGEMENT

(1.) The petitioner, a Deputy Commandant in the Border Security Force, has preferred the present writ petition seeking quashing of the order dated 28.04.2017, whereby his representation to treat his tenure from 15.09.2011 to 25.11.2011 at the Frontiers Headquarters (Personnel Directorate), DG Secretariat and from 23.11.2011 to 01.04.2015 at the Frontier Headquarters (Provisional Directorate), New Delhi as mandatory field service, has been rejected and consequently, he has been declared ineligible for promotion to the rank of Second-In-Command (hereinafter referred to as "2IC") for the vacancy year 2016-2017. In the alternative, the petitioner seeks a direction to the respondents to relax the mandatory requirement of 2 years of service in a duty battalion in his case, and thereafter consider him for promotion to the rank of 2IC w.e.f. 21.10.2016, the date on which his batch-mates were promoted to the said rank. Furthermore, in the event of being promoted to the rank of 2IC, the petitioner also seeks grant of all consequential benefits, if found fit for the same.

(2.) The facts as emerge from the record that are necessary for adjudicating the present petition are that the petitioner, having joined the BSF as an Assistant Commandant on 30.09.2000, was initially posted to 59 Battalion, BSF in Jammu and Kashmir. Thereafter, the petitioner was transferred to STC, BSF, North Bengal, where he joined his duty on 26.06.2007. It emerges that during his posting at STC, BSF, North Bengal, the petitioner was promoted to the rank of Deputy Commandant on 01.02.2008 and he was to complete his normal tenure of 3 years on 01.02.2011, when he submitted a request for being retained in the same STC for another period of one year. While seeking an extension of one year at STC, BSF, North Bengal, the petitioner gave an undertaking inter alia that if his tenure was extended as requested, he would not make any claim in the event his empanelment in the rank of 2IC was imperiled or delayed due to noncompletion of the mandatory service of two years in a duty battalion, as prescribed in the Recruitment Rules. For the sake of ready reference, the relevant portion of the petitioner's aforesaid undertaking is being reproduced hereinbelow:-

(3.) It transpires that the petitioner's aforementioned request for extension of tenure was not fully accepted and vide Signal dated 29.08.2011 itself, he was directed to report to the Frontier Headquarter (Personnel Directorate), DG Secretariat before 15.09.2011 by way of attachment, whereafter, vide Signal dated 14.10.2011, he was, posted to the same Frontier Headquarter (Personnel Directorate), DG Secretariat in public interest. However, shortly thereafter, the petitioner's posting to Frontier Headquarter (Personnel Directorate), DG Secretariat was cancelled and vide Signal dated 23.11.2011, he was posted to Frontier Headquarter (Provisional Directorate), New Delhi as DC (Transport) again in public interest.