L S BISHAT Vs. UNION OF INDIA

JUDGEMENT

(1.) A.K. Gautam learned Counsel for the petitioner argued the matter with ability and skill being thorough on facts and law. He argued the matter for a considerable length of time. The case of the petitioner could be stated briefly in the following terms. The petitioner was directly recruited in the Border Security Force as an Assistant Commandant in the year 1966. In 1991 he was holding the post of Commandant Selection Grade. The gradation list of Group A (GD) Officers as on 1.7.1996 issued by the Directorate General Border Security Force with reference to SG Comdt. is as follows: <FRM>JUDGEMENT_211_DLT77_1999Html1.htm</FRM>

(2.) The services of respondents 4 to 6 could be given shortly in the following manner: <FRM>JUDGEMENT_211_DLT77_1999Html2.htm</FRM>

(3.) According to the learned Counsel for the petitioner Mr. Gautam, the order of promotion with reference to respondents 5 and 6 wore contrary to the rules and they had been made with a view to oblige and conferring largesse them and if respondent 6 had not been promoted in the way in which they have promoted the case of the petitioner could have been considered in the usual course and he would have been promoted as ADIG before his superannuation on 31.1.1997. The order of promotion for respondent No. 4 is in the following terms: RX ST 4 TUS RO 1.3.19512.28:37 NR/01/ DE BLA SRL NO. 015108 OP ZEQ APA OF DT 282000 FM FSO BSF TO: HQ ADDL. DG BSF J&K ALL FTR HQRs ALL SHQURS BSF INCLD ISD ALL TRG INSTNS/ALL STCS/STS-1/STS-II ALL BSF BNS ARTY REGTS BSF DIG (HQ) FHO/HO/ARMY BSF - BY HAND GR BO BT G/C R 3262 FROM PERS (.) PROMOTION (.) FOLLOWING COMMANDANTS (SG) ARE APPOINTED AS ADDL DISC ON PROMOTION WITH EFFECT FROM 28 FEB. (.) ONE (.) SHRI S.K. SINGHA IRLA 5500 (.) TWO (.) SHRI B.R. MANGU IRLA 6536 (.) THREE (.) SHRI J.S. BAKSHI IRLA 6192 FOUR (.) SHRI K.K. GUPTA IRLA 6624 (.) FIVE (.) SH. V.P.S. MURTHY IRLA 6554 (.) SIX (X.) SH. PHUPINDER SINGH IRLA 5404 THEY WILL CONTINUE AT THEIR PRESENT PLACES OF POSTING TILL FURTHER ORDERS (.) CHARGE ASSUMPTION REPORT BE SENT TO ALL CONCERNED IMMEDIATELY.