ANIL KUMAR Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The petitioner, who was enrolled in the respondent No.2/ITBP in the rank of a Constable (GD) on 31.8.1992 and was promoted to the rank of a Head Constable on 04.2.2011, is aggrieved by the Office Order dated 28.12.2016 issued by the respondents excluding him from the List for Deployment with FPU (Formed Police Unit) under UN Mission in DR Congo (MONUSCO) (in short "UN Mission") and the order dated 3.10.2017, whereby his representation dated 23.10.2017 against the order dated 28.12.2016, was rejected.

(2.) A glance at the relevant facts of the case is necessary. In the year 2015, names were called from persons who were willing to be deployed with the UN Mission. The petitioner had applied for deployment with FPU (Formed Police Unit) under the UN Mission and had participated in the selection procedure, in terms of the Standing Order No. 16/2012 (in short "S.O.16/12"). Thereafter, the petitioner had participated in the pre-selection test and the written comprehensive examination. The results of the selection process were declared on 13.5.2016. As the petitioner was placed at Sr. No.3 in the Reserve List, he was not selected for deployment with FPU under the UN Mission, for the year 2017.

(3.) The 2017 batch deployed with FPU under the UN Mission in January, 2017 was scheduled to return to India in January, 2018. The petitioner was expecting that since his name had been included in the Reserve List for deployment, he would get an opportunity to participate in the UN Mission for the year 2018. The said hopes were however dashed to the ground as his name was excluded from the said list, which as per the petitioner, is in violation of his legal rights having been successful in the selection procedure in terms of S.O. 16/12.