BANSHI DHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The short question that arises in this petition is whether the Petitioner is liable to be given protection of his seniority in the rank of Sub-Inspector (SI) (CM) in the Indo-Tibetan Border Police ("ITBP") from the date of promotion of his immediate juniors.

(2.) The brief facts are that the Petitioner is currently an SI (CM) in the ITBP. He was initially appointed as Constable on 11th March 1991 and promoted as Naik (CM) on 8th February, 1995. He was further promoted as ASI (CM) on 15th May 2008 and as SI (CM) on 30th July, 2008.

(3.) While working as SI (CM) at the Sector Headquarter (SHQ) in Lucknow he was, on 21st February 2011 declared to be falling in the "Low Medical Category" i.e. LMC, S-3 (T-24), P-3 (T-24). A second medical review took place on 6th September, 2011. He continued to be in the LMC, S-2(T-24). A third medical review took place on 4th April 2012. He was still declared LMC, S-2 (T-24) and P-2 (T-24) with effect from that date.