DIPAK CHAKRABORTY Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present petition, the petitioners seek setting aside of the speaking order dated 20th December, 2012 passed by the respondents. The petitioners No. 1 and 2 have also prayed for promotion to the rank of Subedar (B&R) and petitioners No. 3 to 5 have also prayed for upgradation to the post of JCO (B&R)/Naib Subedar to the rank of Subedar.

(2.) Briefly stated, the facts leading to the filing of the present petition are that the petitioners were initially appointed in the cadre of JCO (B& R)/Naib Subedar having recruitment qualification in diploma in Civil Engineering.

(3.) The petitioners stated that due to non-availability of adequate promotional avenues they were stagnating in the same rank and status of Naib Subedar since the last more than 20 years. It is stated that though Record Office Instructions (ROI) 4/2002 provide promotional avenues to the Grade of Subedar on completion of three years service in the rank and status of JCO (B&R)/Naib Subedar, but such promotion is subject to availability of vacancy.