MOHAMMED AFFAN FAROOQUI Vs. UNION OF INDIA

JUDGEMENT

(1.) On being denied promotion to the post of Commandant in the Assam Rifles, the petitioner has approached this Court with this petition under Article 226 with a prayer for issue of a writ in the nature of mandamus to direct the respondents herein to grant the said promotion with all consequential benefits including seniority with retrospective effect from 31/3/2020.

(2.) According to the petitioner, he is serving as Second-in- Command (2IC) in Assam Rifles since 31/3/2014 and is due for promotion to the post of Commandant having completed the minimum eligibility length of service. One of the criteria for promotion from the post of 2IC to Commandant as per the provisions of the Assam Rifles Group 'A' Combatised Posts Recruitment Rules, 2001 is by promotion from amongst the Second-In-Command of Assam Rifles who have minimum eligible service of 4 years as Second-in-Command and a total of 15 years Group 'A' service provided they are following acceptable medical category of SHAPE-1 or relaxation given by the Government to certain categories from time to time.

(3.) The procedure to be observed by the Departmental Promotion Committee (DPC) while considering promotion of personnel of the Assam Rifles is by noting the Confidential Report (CR) of the incumbent for the preceding five years, which CR was graded on a nine points system with 9 points awarded to those who are graded 'Outstanding', 8 or 7 points for 'Above Average', 6 or 5 points for 'High Average', 4 points for 'Average', 3 or 2 points for 'Low Average' and 1 point for 'Below Average'.