VIRENDER BABORIA Vs. MOHAMMAD RAFIQ

JUDGEMENT

(1.) This writ petition has been filed by Dr. Virender Baboria under Article 226 of the Constitution of India inter alia, with the prayer that the order dated 17.07.2015 passed by the Director General, Assam Rifles, Shillong (respondent No. 2) be quashed and set aside and the respondents be directed to grant him the benefit of the first promotion as Deputy Commandant (SMO) under the Dynamic Assured Career Progression Scheme (for short 'DACP Scheme') w.e.f. 01.01.2008 on completion of 4 years of service in the Grade Pay of Rs. 5400 in Pay Band 3 and further consider him for the second promotion to the rank of CMO (2IC) w.e.f. 1.1.2013 on completion of 5 years of service in the Grade Pay of 6600 in Pay Band 3.

(2.) The facts pleaded in the writ petition are that the petitioner joined the services of the Assam Rifles on 01.01.2004 as an Assistant Commandant (Medical Officer) after having been selected by the Medical Officer Selection Board held at ITBP Headquarter New Delhi. Career Progression of the Medical Officers serving the Central Government, is currently regulated by the Office Memorandum No. F No. A.45012/2/2008-CHS.V dated 29.10.2008 issued by the Ministry of Health and Family Welfare, CHS Division, Government of India. As per the said Office Memorandum, a Medical Officer is granted four time bound promotions in the following manner:-

(3.) It is not in dispute that the Dynamic Assured Career Progression Scheme is applicable to the Assam Rifles which is a Central Para-Military Force. The Directorate General, Assam Rifles (MS) clarified this aspect in the signal bearing No. DE SHG SER No. 080595 that the promotion of the Medical Officer in CPMFS till Senior Administrative Grade shall be time bound as per Ministry of Health and Family Welfare Order Memorandum dated 29.10.2008. According to the petitioner, he was required to be promoted from the rank of Assistant Commandant (MO) to the rank of Deputy Commandant (SMO) w.e.f. 01.01.2008. In fact, the petitioner along with others was promoted to the rank of Deputy Commandant (SMO) in SITU from the rank of Assistant Commandant (MO) w.e.f. 01.01.2008 under the authority of Note Sheet No. CF/32230194/2013/PERS(III) dated 09.10.2013 issued by the Ministry of Home Affairs, a copy thereof has been placed on record at Annexure-3 to the writ petition. The fact that the petitioner was actually promoted to the rank of Deputy Commandant (SMO) w.e.f. 01.01.2008 is evident from Part Two Order:AR Cadre Officer at Annexure-4 to the writ petition. The petitioner thereafter continued to serve the respondents with his seniority being fixed at his original place and being counted from 01.01.2008. As per the DACP Scheme, the petitioner was due to be promoted to the next rank of CMO (2IC) w.e.f. 01.01.2013.Since he fulfilled the qualifying requirement, the DPC was required to consider him in the year 2014. When no action was initiated by the respondents, he pleaded his case before his seniors. He was however surprised to know that his case for consideration by the DPC has been deleted since orders fixing his seniority w.e.f. 1.1.2008 had been cancelled and the seniority would now be fixed w.e.f. 2013 and he would now be eligible for promotion to Deputy Commandant (SMO), only in the year 2018. The petitioner submitted a representation dated 26.6.2015 (through proper channel) addressed to the Directorate General, Assam Rifles -respondent No. 2. The Commandant, 17 Assam Rifles duly forwarded his representation recommending that the grievance of the petitioner deserves redressal. The Director General, Assam Rifles vide order dated 17.7.2015 informed that the due date of promotion in respect of the petitioner as Assistant Commandant to Deputy Commandant is now to be taken as 29.10.2013 instead of 1.1.2008.Consequently, the petitioner would now be promoted to the rank of Chief Medical Officer (2IC) after completion of 5 years w.e.f. 29.10.2018.