V K S NARAYANAN Vs. DIRECTOR GENERAL CISF

JUDGEMENT

(1.) PETITIONERS were employed as Constables in the Central Industrial Security Force (for short 'CISF'). They have opted to become part of the Fire Wing of the Force in the year 1991. The Departmental Promotion Committee (for short 'DPC') was constituted for effecting promotions of Constables (Fire) to Nayak (Fire). PETITIONERS were promoted only in the year 1997 on the basis of the selection made by the DPC. PETITIONERS made number of representations and approached this Court on several occasions, complaining that many Constables, who were juniors to them, were promoted much before, and they have been denied their legitimate place in the seniority list of the post of Nayak (Fire). The last of such writ petitions was disposed of with a direction to the respondents to consider the case of the petitioners and to pass appropriate orders. According to them, the Director General, CISF, passed orders, dated 16.11.2001 and 20.11.2001, in respect of both the petitioners herein, rejecting their cases. PETITIONERS feel aggrieved by the same. They contend that they became due for promotion, soon after they joined the Fire Wing of the Force, but their promotions were effected only in the year 1997 and several Constables, who were juniors to them, were given promotion in preference to them.

(2.) RESPONDENTS filed a detailed counter-affidavit as well as additional counter- affidavit. They have also filed the supporting documents, including the relevant rules and notifications. They contend that appointment to the post of Nayak (Fire) is through selection and only those Constables, who cross the minimum of 50 marks, in terms of assessment of their performance in a block of 5 years, that would be promoted. It is urged that the petitioners did not cross the bench mark for the block of 5 years between 1987 and 1991 and they secured more than 50 marks only in the subsequent block period between 1992 and 1996.

(3.) PETITIONERS became part of the Fire Wing of the CISF in the year 1991, as Constables. Even by that time, they possessed the requisite length of service, for being considered for promotion to the post of Nayak (Fire).